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South Dakota Lawmakers Sign Off on Latest Medical Cannabis Regs

· Oct 28, 2021
The home cultivation rules allow physicians to be able to recommend that some patients can grow more than the three-plant limit allowed under the voter-approved law, but the physician must spe ...

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The South Dakota Legislature’s Rules Review Committee has signed off on the latest round of regulations for the state’s medical cannabis program, including advertising restrictions and rules for patient home-grows, KELO reports. The committee approved the package 6-0.

The home cultivation rules allow physicians to be able to recommend that some patients can grow more than the three-plant limit allowed under the voter-approved law, but the physician must specify the reason for the increase, the report says. That recommendation will expire 200 days after it is issued.

The physician making the recommendation must tell officials what research was used to serve as a basis for the increase, the potential risks associated with a patient using the recommended amount of cannabis and how those risks are mitigated by the benefits, and why the patient would have difficulty obtaining an adequate supply from state-approved dispensaries.

The advertising rules approved by the committee prohibit most medical cannabis in the state “unless and until the United States Drug Enforcement Administration removes marijuana or cannabis as a Schedule I controlled substance,” according to the proposal. The ban includes handbill distribution; direct mail, phone, text, or email campaigns to non-verified patients; advertising in most publications and on radio, TV, and other media; at all healthcare facilities; and signs and billboards – unless they are located on the dispensary’s own premises.

Under the law approved by voters during last year’s general election, the South Dakota Department of Health must start issuing program identification cards to patients no later than November 18.