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

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

Section 44:90:04:04 - Co-location of medical cannabis establishments

A medical cannabis establishment shall have separate means of ingress and egress from any other medical cannabis establishment, except that multiple medical cannabis establishments with common ownership may be co-located if:

(1) The establishments have lockable, alarmed doors separating activities performed under different licenses;

(2) The door separating a dispensary from cultivation or product manufacturing activities remains locked when cardholders are present, and signs clearly state that entry is limited to employees and other authorized persons;

(3) The unit of local government allows the types of medical cannabis establishments requesting co-locations; and

(4) None of the following occurs:

(a) A testing facility located in the same structure as any other cannabis establishment;

(b) Extraction using ethanol, inherently hazardous substances, or compressed gas in the same structure in which a cannabis dispensary is located; or

(c) Pesticides applied in the same structure in which a dispensary is located.

This section shall not be interpreted to prohibit shared access from a parking lot, walkway, concourse, or other area generally open to the public as part of a shopping center or business park, if allowed by the unit of local government.

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

48 SDR 040, effective 10/5/2021

General Authority: SDCL 34-20G-72(5)(c)(d)(h).

Law Implemented: SDCL 34-20G-72(5).