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Committee approves revised medical cannabis rules

Marijuana plants

An interim rules committee okayed the last remaining regulations in the medical cannabis program this week.

The Department of Health drafted 149 rules for the voter-approved cannabis program and 143 of those were greenlit in September. Legislators turned down six and five were revised and proposed again this week.

One measure concerns physicians and at-home cannabis cultivation. Kim Malsam-Rysdon is the Secretary of the Department of Health.

“The rule that we are proposing today removes physicians from the determination of whether a person can cultivate cannabis at home or not. But it does preserve their role as contemplated by statute in terms of certifying whether a person is allowed to grow more than three plants," she said. "We feel like this is a rule that will help serve and provide needed guidance so that physicians can help folks that need to grow more than three plants at home."

The rules package was unanimously approved. This means medical marijuana cardholders under 21 cannot possess inhalable cannabis and bulk cannabis flower under ten pounds can be shipped. 

Malsam-Rysdon also discussed prohibited forms of advertising.

“Again, to help clarify the fact that we have restrictions in place until such time that this product is not illegal at the federal level,” she said.

The rules must now be passed by the full legislature and signed by Governor Kristi Noem.

The medical-marijuana program went into effect July 1.

Megan hosts All Things Considered and the SDPB News podcast.