South Dakota Codified Laws 34-20G-7. Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct
No person is 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 or bureau, for:
(1) Providing or selling cannabis paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment;
Terms Used In South Dakota Codified Laws 34-20G-7
- Arrest: Taking physical custody of a person by lawful authority.
- Medical use: includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. See South Dakota Codified Laws 34-20G-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter;
(3) Allowing the person’s property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or
(4) Assisting a registered qualifying patient with the act of using or administering cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.