HB 1255

 26.100.9  101st Legislative Session  1255
                                         2026 South Dakota Legislature
                                                 House Bill 1255
 Introduced by: Representative Goodwin
1 An Act to require that the Department of Health accept the medical records of a
2veteran applying for a medical cannabis registry identification card.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 34-20G-29 be AMENDED:
534-20G-29. TheExcept as provided in section 2 of this Act, the department shall
6    issue a registry identification card to a qualifying patient who submits the following, in
7    accordance with rules promulgated by the department:
8    (1)      A written certification issued by a practitioner within ninety days immediately
9preceding the date of an application;
10    (2)      The application fee or renewal fee;
11    (3)      The name, address, and date of birth of the qualifying patient, except that if the
12applicant is homeless, no address is required;
13    (4)      The name, address, and telephone number of the qualifying patient's practitioner;
14    (5)      The name, address, and date of birth of the designated caregiver, or designated
15caregivers, chosen by the qualifying patient;
16    (6)      If more than one designated caregiver is designated at any given time,
17documentation demonstrating that a greater number of designated caregivers are
18more than one caregiver is needed due to the qualifying patient's age or medical
19condition;
20    (7)      The name of no more than two dispensaries that the qualifying patient designates,
21if any; and
22    (8)      If the qualifying patient designates names a designated caregiver, a designation
23an indication as to whether the qualifying patient or designated caregiver will be
24allowed under state is allowed by law to possess and cultivate cannabis plants for
25the qualifying patient's medical use.
                                                                             Underscores indicate new language.
                                                                           Overstrikes indicate deleted language.
 26.100.9  2  1255
1When a practitioner conducts a follow-up assessment with a patient, within sixty
2    days of issuing the patient a written certification, and the purpose of the follow-up
3    assessment is to assess the patient's response to the use of medical cannabis and to
4    determine whether to issue the patient a second written certification, the fee required
5    under subdivision (2) is waived, if the patient reapplies for the second registry
6    identification card. A patient may only receive one fee waiver under this section per
7    calendar year.
8 Section 2. That a NEW SECTION be added to chapter 34-20G:
9Notwithstanding any other provision of law, the department shall issue a registry
10    identification card to a qualifying patient who:
11    (1)     Is a veteran; and
12    (2)     In accordance with rules promulgated by the department, submits:
13(a)      The portion of the qualifying patient's medical records from the United
14States Department of Veterans Affairs, current within three years of the
15date the application is submitted, which indicates that the qualifying patient
16is diagnosed with a debilitating medical condition;
17(b)      Documentation certifying that the qualifying patient was discharged or
18released from military service under conditions other than dishonorable;
19(c)      The application fee or renewal fee;
20(d)      The name, address, and date of birth of the qualifying patient, except that
21if the applicant is homeless, no address is required;
22(e)      The name, address, and telephone number of the qualifying patient's
23preferred Department of Veterans Affairs health facility;
24(f)      If applicable, the name, address, and date of birth of the designated
25caregiver, or designated caregivers, chosen by the qualifying patient;
26(g)      If more than one designated caregiver is designated at any given time,
27documentation demonstrating that more than one designated caregiver is
28needed due to the qualifying patient's age or medical condition;
29(h)      The name of no more than two dispensaries that the qualifying patient
30designates, if any; and
31(i)      If the qualifying patient names a designated caregiver, an indication as to
32whether the qualifying patient or designated caregiver is allowed by law to
33possess and cultivate cannabis plants for the qualifying patient's medical
34use.
                                                                                 Underscores indicate new language.
                                                                               Overstrikes indicate deleted language.
26.100.9  3  1255
1A registry identification card issued under this section expires one year after the
2    date of issuance and may be renewed.
3For the purposes of this section, "veteran" means an individual who served in the
4    active military, naval, air, or space service of the armed forces of the United States, and
5    who was discharged or released therefrom under conditions other than dishonorable.
                                                                            Underscores indicate new language.
                                                                          Overstrikes indicate deleted language.