create a digital registry identification card for medical cannabis patients.

26.350.18 101st Legislative Session 1211

2026 South Dakota Legislature
House Bill 1211

Introduced by: Representative Garcia

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to create a digital registry identification card for medical cannabis patients. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-20G-1 be AMENDED: 3
34-20G-1. Terms used in this chapter mean: 4
(1) "Allowable amount of cannabis,": 5
(a) Three ounces of cannabis or less; 6
(b) The quantity of cannabis products as established by rules promulgated by 7
the department under § 34-20G-72; 8
(c) If the cardholder has a registry identification card allowing cultivation, two 9
flowering cannabis plants and two cannabis plants that are not flowering; 10
and 11
(d) If the cardholder has a registry identification card allowing cultivation, the 12
amount of cannabis and cannabis products that were produced from the 13
cardholder's allowable plants, if the cannabis and cannabis products are 14
possessed at the same property where the plants were cultivated; 15
(2) "Bona fide practitioner-patient relationship," a treatment or consulting relationship 16
between a practitioner and patient, during which: 17
(a) The practitioner completes, at the initial visit, an assessment of the patient's 18
medical history and current medical condition, including an appropriate in -19
person physical examination; 20
(b) The patient is under the practitioner's care for the debilitating medical 21
condition that qualifies the patient for the medical use of cannabis or has 22
been referred by the practitioner caring for the patient's debilitating medical 23
condition that qualifies the patient for the medical use of cannabis to 24
another practitioner; 25
26.350.18 2 1211
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(c) The patient has a reasonable expectation that the practitioner providing the 1
written certification will continue to provide follow-up care to the patient to 2
monitor the medical use of cannabis; and 3
(d) The relationship is not for the sole purpose of providing a written 4
certification for the medical use of cannabis unless the patient has been 5
referred by a practitioner providing care for the debilitating medical 6
condition that qualifies the patient for the medical use of cannabis; 7
(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products 8
that are infused with cannabis or an extract thereof, and are intended for use or 9
consumption by humans. The term includes edible cannabis products, beverages, 10
topical products, ointments, oils, and tinctures; 11
(4) "Cannabis product manufacturing facility," an entity registered with the 12
department pursuant to this chapter that acquires, possesses, manufactures, 13
delivers, transfers, transports, supplies, or sells cannabis products to a medical 14
cannabis dispensary; 15
(5) "Cannabis testing facility" or "testing facility," an independent entity registered 16
with the department pursuant to this chapter to analyze the safety and potency of 17
cannabis; 18
(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued 19
and possesses a valid registry identification card; 20
(7) "Cultivation facility," an entity registered with the department pursuant to this 21
chapter that acquires, possesses, cultivates, delivers, transfers, transports, 22
supplies, or sells cannabis and related supplies to a medical cannabis 23
establishment; 24
(8) "Debilitating medical condition,": 25
(a) A chronic or debilitating disease or medical condition or its treatment that 26
produces one or more of the following: cachexia or wasting syndrome; 27
severe, debilitating pain; severe nausea, except nausea associated with 28
pregnancy; seizures; or severe and persistent muscle spasms; 29
(b) Acquired immune deficiency syndrome or positive status for human 30
immunodeficiency virus; 31
(c) Amyotrophic lateral sclerosis; 32
(d) Multiple sclerosis; 33
(e) Cancer or its treatment, if associated with severe or chronic pain, nausea 34
or severe vomiting, or cachexia or severe wasting; 35
26.350.18 3 1211
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(f) Crohn's disease; 1
(g) Epilepsy and seizures; or 2
(h) Post-traumatic stress disorder; 3
(9) "Department," the Department of Health; 4
(10) "Designated caregiver," an individual who: 5
(a) Is at least twenty-one years of age; 6
(b) Has agreed to assist with a qualifying patient's medical use of cannabis; 7
(c) Has not been convicted of a disqualifying felony offense; and 8
(d) Assists no more than five qualifying patients with the medical use of 9
cannabis, unless the designated caregiver's qualifying patients each reside 10
in or are admitted to a health care facility, as defined in § 34-12-1.1, an 11
accredited prevention or treatment facility, as defined in § 34-20A-2, a 12
mental health center, as defined in § 27A-1-1, a child welfare agency, as 13
defined in § 26-6-1, or a community support provider or community 14
services provider, as defined in § 27B-1-17, where the designated caregiver 15
is employed; 16
(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the 17
jurisdiction where the person was convicted; 18
(12) "Edible cannabis products," any product that: 19
(a) Contains or is infused with cannabis or an extract thereof; 20
(b) Is intended for human consumption by oral ingestion; and 21
(c) Is presented in the form of foodstuffs, beverages, oils, tinctures, or other 22
similar products; 23
(13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other 24
enclosed area that is equipped with locks or other security devices that permit 25
access only by a cardholder or a person allowed to cultivate the plants. Two or 26
more cardholders who reside in the same dwelling may share one enclosed, locked 27
facility for cultivation; 28
(14) "Flowering cannabis plant," the reproductive state of the cannabis plant in which 29
the plant shows physical signs of flower budding out of the nodes of the stem; 30
(15) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1; 31
(16) "Medical cannabis dispensary" or "dispensary," an entity registered with the 32
department pursuant to this chapter that acquires, possesses, stores, delivers, 33
transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, 34
paraphernalia, or related supplies and educational materials to cardholders; 35
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(17) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, 1
a cannabis product manufacturing facility, or a dispensary; 2
(18) "Medical cannabis establishment agent," an owner, officer, board member, 3
employee, or volunteer at a medical cannabis establishment; 4
(19) "Medical use," includes the acquisition, administration, cultivation, manufacture, 5
delivery, harvest, possession, preparation, transfer, transportation, or use of 6
cannabis or paraphernalia relating to the administration of cannabis to treat or 7
alleviate a registered qualifying patient's debilitating medical condition or symptom 8
associated with the patient's debilitating medical condition. The term does not 9
include: 10
(a) The cultivation of cannabis by a nonresident cardholder; 11
(b) The cultivation of cannabis by a cardholder who is not designated as being 12
allowed to cultivate on the cardholder's registry identification card; or 13
(c) The extraction of resin from cannabis by solvent extraction unless the 14
extraction is done by a cannabis product manufacturing facility; 15
(20) "Nonresident cardholder," a person who: 16
(a) Has been diagnosed with a debilitating medical condition, or is the parent, 17
guardian, conservator, or other person with authority to consent to the 18
medical treatment of a person who has been diagnosed with a debilitating 19
medical condition; 20
(b) Is not a resident of this state or who has been a resident of this state for 21
fewer than forty-five days; 22
(c) Was issued a currently valid registry identification card or its equivalent by 23
another state, district, territory, commonwealth, insular possession of the 24
United States, or country recognized by the United States that allows the 25
person to use cannabis for medical purposes in the jurisdiction of issuance; 26
and 27
(d) Has submitted any documentation required by the department, and has 28
received confirmation of registration; 29
(21) "Practitioner," a physician, physician assistant, or advanced practice registered 30
nurse, who is licensed with authority to prescribe drugs to humans. In relation to 31
a nonresident cardholder, the term means a person who is licensed with authority 32
to prescribe drugs to humans in the state of the patient's residence; 33
(22) "Qualifying patient," a person who has been diagnosed by a practitioner as having 34
a debilitating medical condition; 35
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(23) "Registry identification card," a document issued by the department that identifies 1
a person as a registered qualifying patient or registered designated caregiver, or 2
documentation that is deemed a registry identification card pursuant to §§ 34-20G-3
29 to 34-20G-42, inclusive. A registry identification card may be physical or digital; 4
(24) "Safety-sensitive job," any position with tasks or duties that an employer 5
reasonably believes could: 6
(a) Cause the illness, injury, or death of an individual; or 7
(b) Result in serious property damage; 8
(25) "Under the influence of cannabis," any abnormal mental or physical condition that 9
tends to deprive a person of clearness of intellect and control that the person would 10
otherwise possess, as the result of consuming any degree of cannabis or cannabis 11
products; and 12
(26) "Written certification," a document dated and signed by a practitioner: 13
(a) Stating that the patient has a qualifying debilitating medical condition or 14
symptom associated with the debilitating medical condition; 15
(b) Affirming that the document is made in the course of a bona fide 16
practitioner-patient relationship; 17
(c) Specifying the qualifying patient's debilitating medical condition; and 18
(d) Specifying the expiration date of the qualifying patient's written 19
certification, pursuant to § 34-20G-43; and 20
(e) Specifying whether the practitioner has previously issued the patient a 21
written certification and the date of that written certification. 22
Section 2. That § 34-20G-31 be AMENDED: 23
34-20G-31. Except as provided in § 34-20G-32, the department shall: 24
(1) Verify the information contained in an application or renewal submitted pursuant 25
to this chapter and approve or deny an application or renewal within fifteen days 26
of receiving a completed application or renewal application; 27
(2) Issue registry identification cards in a physical form and a digital form, as provided 28
in section 3 of this Act, to a qualifying patient and to a qualifying patient's 29
designated caregivers, if any, within five days of approving the application or 30
renewal. A designated caregiver shall have a registry identification card, in physical 31
and digital form, for each of the qualifying patients; and 32
(3) Enter the registry identification number of any dispensary the patient designates 33
into the verification system. 34
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Section 3. That a NEW SECTION be added to chapter 34-20G: 1
The department shall produce a digital registry identification card with features to 2
ensure that: 3
(1) Use of the digital registry identification card does not require handing over one's 4
electronic device to any other person; 5
(2) Any remote access to the digital registry identification card requires the express, 6
affirmative, real-time consent of the cardholder for each piece of information being 7
requested and is limited to information that is provided on a printed, hard copy 8
registry identification card; 9
(3) The digital registry identification card, as well as any mobile application required 10
for the digital registry identification card, does not contain or collect any 11
information that is not necessary for the functioning of the digital registry 12
identification card or mobile application; 13
(4) No part of the system or technology involved in a digital registry identification card 14
and utilized by the department will disclose any data regarding a cardholder's 15
presentation of the digital registry identification card to law enforcement or to a 16
dispensary; 17
(5) A digital registry identification card, as well as any mobile application required for 18
the digital registry identification card, is encrypted and protected to the highest 19
reasonable security standards that are broadly available, such that information 20
cannot be intercepted while being transmitted from the department; 21
(6) Any data exchanged between the department and the provider of any electronic 22
device, and between any electronic device and the provider of that electronic 23
device, is limited to the data necessary for a digital registry identification card; 24
(7) A digital registry identification card provides for selective disclosure and allows 25
attribute authentication, including proof of certification status; and 26
(8) Any contract between the department and another entity concerning digital registry 27
identification cards prohibits the use, sharing, sale, and disclosure of any 28
information obtained and provides that, upon the termination or expiration of the 29
contract, the entity shall delete any data collected or generated in the activities of 30
the contract. 31
The department shall provide for the issuance of digital registry identification cards 32
in such a manner as to detect and prevent the alteration, duplication, counterfeiting, 33
photographing, forging, or other modification of the digital registry identification card. 34