Chapter 136

(Senate Bill 12)

An Act to revise the annual report on medical cannabis by the Department of Health to the Legislature.

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

Section 1. That § 34-20G-94 be AMENDED:

34-20G-94. The department shall report annually to the Legislature on the number of applications for registry identification cards received,; the number of qualifying patients and designated caregivers approved,; the number of registry identification cards revoked,; the number of each type of medical cannabis establishment registered,; and the expenses incurred and revenues generated from the medical cannabis program; the number of patient cardholders by medical condition; qualifying patient demographics by age and sex; the number and specialty of the practitioners providing written certifications; the number of medical cannabis establishments by type; the number of licensing violations determined by the department; the impact of medical cannabis on public safety, public health, and behavioral health services; any other information regarding the effects of medical cannabis on the public; and any recommendations. The department may not include identifying information on a qualifying patient, designated caregiver, or practitioner in the report.

Section 2. That § 34-20G-94, as amended by section 1 of this Act, is repealed on June 30, 2025.

Section 3. That § 34-20G-88 be AMENDED:

34-20G-88. Data kept or maintained by the department may be disclosed solely for:

(1) The verification of a registration certificate or registry identification card pursuant to this chapter;

(2) Submission of the annual report required by this chapter;

(3) Notification of state or local law enforcement of an apparent criminal violation of this chapter;

(4)(3) Notification of state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card; or

(5)(4) Notification of the South Dakota Board of Medical and Osteopathic Examiners if there is reason to believe that a practitioner provided a written certification and the department has reason to believe the practitioner otherwise violated the standard of care for evaluating a medical condition.

Section 4. That the amendment to § 34-20G-88 in section 3 of this Act is effective June 30, 2025.

Signed March 8, 2022