South Dakota

South Dakota

CBD treatment is legal in South Dakota as of March. The program limits patients to cannabidiol preparations with 0.3 percent or less THC, in compliance with USDA hemp standards and authorizes in-state production along those rules.

Patient Rights and Civil Protections	90/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	35/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licenced Retailers 0/30 Reciprocity 10/20
Program Functionality	58/100
Legal Protections Within Reasonable Time Frame 0/20 Reasonable Possession Limits 7/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 1/5 - Background Checks 0/2 - Number of Caregivers 1/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	36/100
Sales Tax Break for Patients and Caregivers 5/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 16/20 Financial Hardship Waivers or Discounts 10/20 Donation Program 0/10 Allows Multi-Year Registrations 5/10
Health and Social Equity	75/100
State Program Protections 25/25 Housing Protections 25/25 Access for Minors 9/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 5/10 Allows Patients to Medicate Where they Choose 5/10 Organ Transplants 5/5 Ownership or Employment Restrictions 1/5
Consumer Protection and Product Safety	106/200
Total 27/50 Quality Management Systems 10/10 Staff Training 8/10 Standard Operating Procedures 3/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 2/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 2/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Total 23/50 Quality Management Systems 10/10 Staff Training 8/10 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 2/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 0/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Total 18/50 Staff Training 10/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Total 38/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 2/4
Score Penalties	15/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/10 Administrative or Supply Problems 5/15 Requires Vertical Integration 0/15 Creates New Criminal Penalties for Patients 10/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2021 State of the States Report.