Chapter 130

(Senate Bill 190)

An Act to revise provisions regarding municipal zoning of medical cannabis establishments.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 34-20G be amended with a NEW SECTION:

For purposes of this chapter, any municipality that has not enacted a zoning ordinance pursuant to title 11 governing the location of medical cannabis establishments may enact an ordinance to regulate the place of operation of any cannabis-related establishment under this section.

A municipality may prohibit the location of a medical cannabis establishment in an area in a sensitive land use area and may establish reasonable setbacks. For purposes of this section, a sensitive land use area includes churches, schools, day cares, public service and recreation facilities, places frequented by people under age twenty-one, and parks.

A municipality may require a minimum distance between cannabis-related establishments.

Signed March 3, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.