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Department of Health

Department of Health - Medical Cannabis

The effect of the rules will be to update and clarify definitions related to medical cannabis; revise allowable amounts of cannabis product and scale certification for scales used to weigh and measure cannabis product; define additives and terpenes in the manufacturing process; clarify that all sales of cannabis and cannabis products must be in a certified med-ical cannabis dispensary; clarify the definition of final form of cannabis prior to retail sale; remove exemption of pre-roll cannabis from testing requirements; add expiration dates and use by dates to packaged cannabis product; clarify use of inventory tracking system plant tags; increase the establishment certification fee to reflect inflationary increase al-lowed by statute; and repeal the petition process for debilitating conditions. The reason for adopting the proposed rules is to update rules to meet industry standards for medical cannabis and increase the certification fee for establishments based on inflation percentage as allowed by statute. The repeal of the petition process for debilitation conditions is the result of SB 1 from the 2023 legislative session.

New content is added below as the draft rules move through the rule-making process.

Agency Rules Hearing

Interim Rules Hearing

Important Dates
Public Hearing:
Comment Deadline:
Interim Rules Committee Hearing:
Filed-Secretary of State:
Rule Effective:

09/28/2023
10/09/2023
11/07/2023
11/07/2023
11/27/2023

Agency Contact: Susan Sporrer mail to: DOHAdminRules@state.sd.us