§ 34-20G-58 — Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty.

South Dakota § 34-20G-58

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

Text

The governing body of a municipality may enact an ordinance not in conflict with this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, imposing: (1) Restrictions on a medical cannabis establishment to govern the time, place, and manner of operation; (2) A limit on the number of medical cannabis establishments in the municipality; (3) Reasonable setback requirements; (4) Limitations on the proximity of a medical cannabis establishment to: (a) Any sensitive land-use area, including a childcare facility, park, public service facility, recreational facility, religious facility, school, and any location frequented by individuals under the age of twenty-one; or (b) Any other medical cannabis establishment; (5) Requirements for a medical cannabis establishment to obtain a local license, permit, or registration to operate; or (6) Reasonable fees for any local license, permit, or registration. The governing body of a county may enact an ordinance governing all matters set forth in this section. The county ordinance applies throughout its jurisdiction, except within the boundaries of a municipality that has enacted an ordinance in accordance with this section. A county or municipality may impose a civil penalty for the violation of an ordinance enacted in accordance with this section.

Legislative History

Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 2.