South Dakota Medical Marijuana Card
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How to Get a Medical Marijuanas Card in South Dakota
Are you a South Dakota resident who wants to know more about the state’s medical marijuana program? This piece is for you. Usually, medical marijuana legalization comes with a raft of laws and processes, which can confuse patients.
And as such, patients who don’t have the necessary information may find themselves without access to medical marijuana or even breaking the law. Imagine you want to access medical marijuana but don’t know where to begin, not on our watch.
The first thing you need before you can access medical marijuana is your MMJ card. So, we’ll tell you how to apply for a cannabis card in South Dakota and the requirements you need.
Is Medical Marijuana Legal in South Dakota?
South Dakota voters legalized medical marijuana via a ballot initiative on November 3, 2020. The initiative titled Measure 26 allowed the use of medical marijuana by patients who suffer from debilitating medical conditions.
The measure became South Dakota Codified Law (SDCL) 34-20G, officially legalizing medical marijuana on July 1, 2021.
On November 18, 2021, the state printed and issued the first medical cannabis patient cards. On January 19, 2022, the South Dakota Department of Health issued the first dispensary licenses in the state to dispensaries in Watertown and Keystone, South Dakota.
Currently, there are 1,195 active medical marijuana cards and 106 approved physicians in South Dakota.
South Dakota Medical Marijuana Laws
Medical marijuana laws define and regulate a state’s medical marijuana program, and South Dakota is no different.
A medical marijuana card is not a blank check that allows you to purchase and use cannabis anyhow you like. This is where SD marijuana laws come in.
These laws define how patients can access the medical program, so you must pay attention to them.
Who Can Certify Patients?
Your medical marijuana certification is valid only if you get it from a licensed practitioner. In South Dakota, any physician who is licensed to prescribe drugs to humans can issue medical marijuana certifications.
Note that a certification is not a prescription.
Can a Patient Have a Caregiver?
Minors and patients who need help accessing medical marijuana can have a designated caregiver. A caregiver must fulfill the following requirements:
- Aged at least 21
- Assist no more than five qualifying patients
- Has not been convicted of a disqualifying felony offense
- Has agreed to assist a qualifying patient with their use of medical marijuana
Where Can You Consume Marijuana in South Dakota?
Usually, states that have legalized medical marijuana have restrictions on where you can consume marijuana. In South Dakota, you cannot smoke cannabis in public or on public transportation.
However, students who are medical marijuana patients can have their medicine administered in school.
Even if you have a medical marijuana card, DUI laws still apply. You can’t drive while under the influence of marijuana.
It is essential to be discreet when you consume marijuana, and the best place is in the safety and privacy of your home.
Medical Marijuana Possession Limits in South Dakota
Remember that even if you have a valid medical marijuana card, there’s a legal limit to how much cannabis you can possess. Registered patients can possess only three ounces of cannabis flower or its equivalent.
For a comprehensive list of SD marijuana laws, click here.
South Dakota Medical Marijuanas Conditions
Every state with medical marijuana has a list of qualifying conditions, and only patients that have at least one of these conditions can apply for medical marijuana.
In South Dakota, only patients who suffer from a “debilitating medical condition” can apply to use medical cannabis.
SD marijuana laws define a “debilitating medical condition” as “a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.”
If you want the Department of Health (DOH) to add a medical condition to the list of debilitating medical conditions, you can write a petition using forms provided by the department.
The petition must include:
- 1. The name and address of the petitioner
- 2. A clear and concise description of the condition
- 3. The criteria for determining that marijuana treatment will benefit a patient with the condition
- 4. Peer-reviewed research that proves marijuana is better at treating the disease than available treatment.
- 5. Letters of support from two health practitioners
- 6. Complete copies of research included in the petition
The DOH will deny or approve your petition within 180 days of submission.
How to Get a Medical Marijuanas Card in South Dakota
So medical marijuana is legal, but you need a South Dakota medical marijuana card before you can buy marijuana.
If you’re wondering how to apply for your South Dakota medical card, here’s the simple 5-step process.
Step 1: Schedule a Physician Appointment
The first on the list is to schedule an appointment with a physician with whom you share a bonafide practitioner-patient relationship.
A bonafide practitioner-patient relationship means that:
- The physician has consulted or treated you and assessed your medical history and condition, including an in-person examination
- This physician has treated or consulted with you concerning your qualifying condition
- They can provide follow-up care
Step 2: Physician Certification
After scheduling your appointment, you will meet with your physician to discuss your debilitating medical condition.
If your physician determines that you’ll benefit from medical marijuana treatment, they’ll issue a written medical certification through the online portal at medcannabisapplication.sd.gov.
You cannot start the South Dakota medical card application process until you receive a physician certification.
Step 3: Apply With the Department of Health (DOH)
When your physician certifies you online, you’ll receive an email instructing you to create a patient account on medcannabisapplication.sd.gov. Create your account, complete the application process, and then wait for DOH approval.
Step 4: Caregiver Application
This step applies only to caregivers. Some applications, like minor patient applications, require caregiver registration.
The caregivers will receive an email to create an account at medcannabisapplication.sd.gov. They are to complete the application process and wait for DOH approval.
Step 5: Get Your Card
If the DOH approves your application, you’ll get a medical cannabis card in the mail, and you can use it to buy cannabis from a licensed dispensary.
It is important to note that the DOH will revoke your card and disqualify you from the program if you sell cannabis to anyone who is not a qualified medical marijuana patient.
South Dakota Medical Card Requirements
To apply for a South Dakota medical marijuana card, you need to fulfill the following requirements:
- You’re 18 years old and above. Minors younger than 18 can apply via a caregiver.
- You must be a South Dakota resident with a valid ID; this includes a driver’s license, tribal ID card, passport, US government-issued ID card, or student ID card.
- You must pay the $75 application fee. Low-income patients qualify for a reduced application fee if they provide documentation of household income.
There are strict requirements regarding the type of photo you can submit with your application. The photo must be:
- A colored photo in high resolution that is not pixelated, blurry, digitally altered, or grainy
- A clear image of your face without filters
- Taken on a plain white or off-white background
- Two by two inches in size
- Printed on photo–quality paper that is matte or glossy
- Free of damages like holes, creases, or smudges
Can You Grow Marijuana in South Dakota?
You can grow marijuana in South Dakota, but you must apply for a license. Your medical marijuana card only permits you to buy marijuana from licensed dispensaries.
A license for home cultivation will allow you to grow a maximum of three plants at home.
If you want to grow more than three plants, you must submit a cultivation application that includes a certification from your physician that permits you to grow more than the legal limit.
South Dakota Legal Dispensaries
So now you have your SD medical marijuana card; but, take note: it allows you to buy marijuana only from South Dakota legal dispensaries.
South Dakota medical marijuanas laws state that “any sale or purchase of cannabis outside of the regulated medical cannabis establishments is illegal.”
You can buy medical marijuana only from your designated dispensary, and dispensaries can sell only three ounces of medical marijuana to registered cardholders within 14 days.
You can find a list of South Dakota marijuana dispensaries here.
Medical Marijuana in South Dakota: Elevate Holistics Makes It Easy
Here at Elevate Holistics, we believe in the therapeutic effects of marijuana; that’s why we’ve made it our mission to simplify access for patients. We’ve told you how to get a medical marijuanas card in South Dakota, and we can do so much more for you.
The medical marijuana terrain reeks of terms and regulations that may be difficult for patients to understand. With us, you will have no such difficulties because everything you need to know about medical marijuana is broken down and explained.
We can help you get your physician certification, find a licensed dispensary, and answer all your marijuana-related questions. We would love to be your guide on this marijuana journey. Get in touch with us today, and let’s get started.