Is Medical Marijuana Legal in South Dakota?
No, medical marijuana is not legal in South Dakota. The state has not passed any legislation to legalize the medicinal use of marijuana, and cannabis in any form is illegal under South Dakota law.
What Are The Qualifying Conditions For Medical Marijuana in South Dakota?
Currently, there are no qualifying conditions for medical marijuana in South Dakota. In November 2020, voters approved an initiated measure that would legalize medical cannabis in the state. However, the measure has yet to be implemented. If/when the measure is implemented, it will likely include some form of qualifying conditions for medical marijuana.
How Do I Get A Medical Marijuana Card in South Dakota?
Currently, South Dakota does not have a medical marijuana program, so you cannot get a medical marijuana card in the state.
What Is The Process For Applying For A Medical Marijuana Card in South Dakota?
The process for applying for a medical marijuana card in South Dakota is as follows:
1. Obtain and complete the application form for Medical Marijuana Authorization, available from the South Dakota Department of Health website.
2. Have your doctor complete the Physician’s Certification Form, which is also available on the SD DoH website.
3. Submit your completed application form, Physician’s Certification Form, and payment to the SD Department of Health.
4. If approved, you will be issued a medical marijuana card.
Where Can I Find A List Of Licensed Medical Marijuana Dispensaries in South Dakota?
Unfortunately, South Dakota currently does not have any licensed medical marijuana dispensaries. However, the state is currently considering a law to legalize medical marijuana. When/if the law is passed, it will be up to the state to decide who will be the licensed medical marijuana dispensaries in South Dakota.
What Are The Possession Limits For Medical Marijuana in South Dakota?
South Dakota does not currently have a medical marijuana program. Possession and use of marijuana is not legal for any purpose in the state.
Can I Grow My Own Medical Marijuana in South Dakota?
No, it is illegal to grow medical marijuana in South Dakota. The state does not have a medical marijuana program in place.
How Do Medical Marijuana Laws Affect Employment And Drug Testing in South Dakota?
Medical marijuana laws do not currently exist in South Dakota. However, employers in South Dakota are not required to accommodate the use of medical marijuana by employees and can choose to maintain workplace policies that prohibit the use of marijuana in any form. Employees may also be subject to drug testing that includes marijuana, and drug testing policies must be outlined in employee handbooks. There are also no laws prohibiting employers from taking disciplinary action or terminating employees who test positive for marijuana.
Are There Age Restrictions For Medical Marijuana Patients in South Dakota?
Yes, there are age restrictions for medical marijuana patients in South Dakota. To qualify for the medical marijuana program in South Dakota, a patient must be at least 18 years of age.
What Forms Of Medical Marijuana Are Available in South Dakota?
Currently, South Dakota does not have any medical marijuana program or laws in place. Therefore, there are no legal forms of medical marijuana available in the state.
Are There Reciprocity Agreements For Out-Of-State Medical Marijuana Patients in South Dakota?
No, there are no reciprocity agreements for out-of-state medical marijuana patients in South Dakota. As of April 20, 2021, South Dakota has no form of legal medical or recreational marijuana.
What Are The Penalties For Using Or Possessing Medical Marijuana Without A Card in South Dakota?
In South Dakota, it is illegal to possess, use, or cultivate marijuana for any purpose, including medical use. Any violation of this law is considered a misdemeanor and can result in up to a year in jail and/or a fine of up to $2,000.
Can I Get A Medical Marijuana Card If I’M Not A Resident in South Dakota?
No, you cannot get a medical marijuana card if you are not a resident of South Dakota. Medical marijuana is regulated by the state and each state has their own set of laws and regulations. So, in order to get a medical marijuana card in South Dakota, you must be a resident of the state.
What Is The Role Of Doctors In Recommending Medical Marijuana in South Dakota?
The role of doctors in recommending medical marijuana in South Dakota is limited. Under state law, physicians are not allowed to prescribe medical marijuana and cannot recommend it for medical purposes. However, medical marijuana may be recommended for certain qualifying medical conditions. Patients must obtain a physician’s written certification that they have a qualifying condition before they can receive a registry identification card from the state. Physicians may also certify that a patient has a qualifying condition and provide written documentation to be submitted with the application.
Are There Restrictions On Where I Can Use Medical Marijuana in South Dakota?
Yes, there are restrictions on where medical marijuana can be used in South Dakota. Specifically, it is illegal to consume medical cannabis products on any public property, or in any public place, including but not limited to parks, schools, public transportation, and government buildings. Additionally, medical marijuana may not be smoked in any public location. Medical marijuana may only be purchased and consumed in a private, residential area. The possession and use of medical marijuana is restricted to individuals with a valid medical marijuana card issued by the South Dakota Department of Health.
Can I Apply For A Medical Marijuana Card Online in South Dakota?
No, you cannot apply for a medical marijuana card online in South Dakota. Medical marijuana is illegal in South Dakota and there are no provisions for obtaining medical marijuana cards.
What Are The Fees Associated With Obtaining A Medical Marijuana Card in South Dakota?
In South Dakota, there are no fees associated with obtaining a medical marijuana card. The state does not have a medical marijuana program in place, so there are no fees associated with obtaining a medical marijuana card.
Do I Have To Notify My Employer If I Have A Medical Marijuana Card in South Dakota?
Yes, if you are a medical marijuana patient in South Dakota, you must notify your employer that you have a medical marijuana card. This is due to medical marijuana still being illegal under federal law. Additionally, employers are allowed to set their own policies regarding drug testing and use of medical marijuana while on the job.
Can Medical Marijuana Patients Purchase Firearms in South Dakota?
No, medical marijuana patients are not allowed to purchase firearms in South Dakota. Possession or transfer of firearms or ammunition is prohibited by federal law for anyone who is an unlawful user of, or addicted to, a controlled substance, including marijuana.
What Legal Protections Do Medical Marijuana Patients Have in South Dakota?
Unfortunately, medical marijuana patients in South Dakota do not have any legal protections in place. South Dakota is one of the few remaining states in the United States that has not passed any legislation legalizing the use of medical marijuana. The possession, sale, and distribution of marijuana remains illegal in the state, and those found in violation of these laws may face criminal penalties.