S.D. Admin. R. 44:90:03:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:90:03:04 - Transfer of ownership

The transfer of any ownership interest in a medical cannabis establishment of 50 percent or more to a party not already approved by the department as an owner of the establishment requires the submission of an initial application pursuant to § 44:90:03:01.

The department may permit the transfer of an ownership interest in a medical cannabis establishment of less than 50 percent to a party not already approved by the department as an owner of the establishment if:

(1) The establishment is operating in substantial compliance with its department-approved operating procedures or can demonstrate that circumstances beyond its control prevented such operation;

(2) The establishment provides advance written notification to the department;

(3) The new owners meet all requirements of this article; and

(4) The city or county issues any required registration, license or permit to the establishment's new owners.

Nothing in this section shall be interpreted to require a city or county to approve a transfer of ownership.

S.D. Admin. R. 44:90:03:04

48 SDR 040, effective 10/5/2021

General Authority: SDCL 34-20G-72(2).

Law Implemented: SDCL 34-20G-55(1), 34-20G-57, 34-20G-61.