§ 34-20G-25.1 — Healthcare and accredited prevention or treatment facilities.

South Dakota § 34-20G-25.1

• Jurisdiction: South Dakota
• Title 34: PUBLIC HEALTH AND SAFETY
• Ch. 34-20F: MEDICAL CANNABIS

Text

A health care facility, as defined in § 34-12-1.1 , an accredited prevention or treatment facility, as defined in § 34-20A-2 , a mental health center, as defined in § 27A-1-1 , a child welfare agency, as defined in § 26-6-1 , or a community support provider or community services provider, as defined in § 27B-1-17 , may adopt restrictions on the use of medical cannabis by a cardholder who resides at, is actively receiving treatment or care from, or is visiting the facility. The restrictions may include a provision that the facility will not store or maintain the cardholder's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for cardholders, and that the medical cannabis be used only in a place specified by the facility. Nothing in this section requires a facility to adopt such restrictions or requires a facility to allow the consumption of medical cannabis on the grounds of the facility. No employee or agent of a facility may be subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a cardholder, or distribution of medical cannabis to a cardholder who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated.

Legislative History

SL 2022, ch 117, § 2.