34-20G-88. Permitted disclosure of data maintained by the department.
Confidential data or data that is not a public record kept or maintained by the department may only be disclosed as necessary to:
(1)Verify a registration certificate or registry identification card pursuant to this chapter;
(2)Notify law enforcement of an apparent criminal violation of this chapter or respond to law enforcement or prosecutorial officials engaged in the investigation or enforcement of the criminal provisions of this chapter;
(3)Notify state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card;
(4)Notify the applicable licensing board if there is reason to believe that a practitioner provided a written certification and the department has reason to believe the practitioner otherwise violated the standard of care for evaluating a medical condition or respond to the board, if the board is seeking data relevant to an investigation of a person who holds a license issued by the board;
(5)Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal, civil, or administrative violations related to the use of medical cannabis;
(6)An authorized employee of the department performing official duties associated with the medical cannabis program; or
(7)A practitioner to determine if a person in the practitioner's care engages in the medical use of cannabis so the practitioner may assess possible drug interactions or assess other medically necessary concerns.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 120, §2; SL 2022, ch 134, §2; SL 2022, ch 136, §3.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20G - Medical Cannabis
Section 34-20G-1 - Definitions.
Section 34-20G-6 - Licensed professionals not subject to discipline for certain conduct.
Section 34-20G-12 - Sale or donation of cannabis seeds to cultivation facility.
Section 34-20G-13 - Seizure or forfeiture of cannabis or related property.
Section 34-20G-15 - Activity conducted in accordance with chapter lawful.
Section 34-20G-16 - Enforcement of federal law by state law enforcement officers.
Section 34-20G-17 - Contracts enforceable.
Section 34-20G-18 - Unauthorized conduct.
Section 34-20G-19 - Schools and landlords--Prohibited conduct.
Section 34-20G-20 - Qualifying patient not disqualified from medical care for cannabis use.
Section 34-20G-21 - Custody and visitation rights--Child neglect or endangerment.
Section 34-20G-22 - Employment and drug testing.
Section 34-20G-23 - Conflict with employer's obligations or benefits under federal law.
Section 34-20G-24 - Ingestion of cannabis at workplace--Working under the influence of cannabis.
Section 34-20G-25 - Schools, landlords, and employers not to be penalized.
Section 34-20G-25.1 - Healthcare and accredited prevention or treatment facilities.
Section 34-20G-29 - Information required for issuance of registry identification cards--Fee.
Section 34-20G-32 - Background check of designated caregiver.
Section 34-20G-33 - Issuance of registry identification card to patient under age 18--Conditions.
Section 34-20G-35 - Grounds for denial of application or nonrenewal of designated caregiver.
Section 34-20G-36 - Notice--Denial or revocation.
Section 34-20G-37 - Judicial review of application denial or nonrenewal.
Section 34-20G-39 - Temporary designated caregiver registry identification card.
Section 34-20G-42 - Contents of registry identification cards.
Section 34-20G-43 - Expiration of registry identification card.
Section 34-20G-44 - Confidential list--Personal information.
Section 34-20G-45 - Secure phone or web-based verification system.
Section 34-20G-46 - Required notifications to department.
Section 34-20G-47 - Notifications by designated caregiver.
Section 34-20G-50 - Theft or loss of cannabis--Notice to department.
Section 34-20G-51 - Medical purpose defense.
Section 34-20G-52 - Proof of unavailability of defense to prosecution.
Section 34-20G-53 - Registry identification card not required to raise defense.
Section 34-20G-56 - Local government limitation on number of medical cannabis establishments.
Section 34-20G-57 - Renewal of medical cannabis establishment registration.
Section 34-20G-58 - Local government ordinances governing medical cannabis establishments.
Section 34-20G-58.1 - Municipal zoning--Medical cannabis establishments.
Section 34-20G-59 - Local government prohibition of dispensaries not permitted.
Section 34-20G-60 - Local licensing of medical cannabis establishments--Fee.
Section 34-20G-62 - Employment restrictions on medical cannabis establishments.
Section 34-20G-63 - Medical cannabis establishment procedures for oversight and record keeping.
Section 34-20G-64 - Medical cannabis establishment security measures.
Section 34-20G-65 - Cultivation, harvesting, manufacturing, and packaging of cannabis.
Section 34-20G-65.1 - Test samples of cannabis or cannabis products--Collection--Packaging--Timing.
Section 34-20G-66 - Production of cannabis products.
Section 34-20G-67 - Sharing office space and patient referrals to practitioners prohibited.
Section 34-20G-68 - Consumption of cannabis on medical cannabis establishment property prohibited.
Section 34-20G-69 - Inspection of medical cannabis establishments.
Section 34-20G-70 - Conditions for dispensing cannabis.
Section 34-20G-71 - Limitations on amount of cannabis dispensed.
Section 34-20G-73 - Civil penalty for failure to provide required notice.
Section 34-20G-78 - Certain conduct of practitioner as misdemeanor.
Section 34-20G-79 - Breach of confidentiality of information as misdemeanor.
Section 34-20G-82 - Permitted and prohibited conduct during suspension.
Section 34-20G-84 - Revocation of registry identification card for multiple or serious violations.
Section 34-20G-85 - Judicial review of revocation.
Section 34-20G-86 - Confidential data.
Section 34-20G-87 - Restrictions on data maintained by department.
Section 34-20G-88 - Permitted disclosure of data maintained by the department.
Section 34-20G-89 - Restrictions on data maintained by medical cannabis establishments.
Section 34-20G-90 - Cardholder's request for department to confirm cardholder status to others.
Section 34-20G-91 - Destruction of unused media containing cardholder information.
Section 34-20G-92 - Oversight committee membership.
Section 34-20G-93 - Oversight committee duties.
Section 34-20G-94 - Annual report to the Legislature--Information excluded.
Section 34-20G-95 - Administration of medical cannabis to students.