Sunday, April 11, 2021


Medical Marijuana

  • Initiated Measure 26 – An initiated measure on legalizing marijuana for medical use
  • South Dakota Codified Law (SDCL) Chapter 34-20G Medical Cannabis
  • House Bill 1100  – An Act to modify the medical marijuana program, to create an interim committee to recommend implementation of the medical marijuana program, and to remove and clarify penalties for marijuana use under certain circumstances

Recreational Marijuana

  • Constitutional Amendment A – An amendment to the South Dakota Constitution to legalize, regulate, and tax marijuana; and to require the Legislature to pass laws regarding hemp as well as laws ensuring access to marijuana for medical use
  • South Dakota Constitution Article XXX Marijuana and Hemp
  • February 8, 2021 Circuit Court Decision Thom v. Barnett

Other Resources

Preparing South Dakota Healthcare for the Legalization of Marijuana Webinar Series

This course is offered as a package. Registration is free for SDAHO members.

Sessions include:

  • Human Resource Implications
  • Impact of CBD and Medical Marijuana in Senior Living
  • Medical Marijuana in Long-Term Care Settings
  • Navigating Cannabis Use in Senior Care
  • Risk Management & Employment Law
  • CBD and Medical Marijuana Use in Healthcare
More info!

Webinar Recordings



  • Overview of Constitutional Amendment/Initiated Measure | Recorded Informational session with Tim Rave and Sarah Aker
    • Initiated Measure 26 will legalize the medical use of marijuana and Constitutional Amendment A will legalize, regulate and tax marijuana. Tim Rave and Sarah Aker provide an overview of the specific language and discuss potential impacts to South Dakota healthcare providers.

  • CBD and Medical Marijuana Use in Healthcare
    • Cannabis use is growing in today’s society in fact South Dakota is set on legalizing it in the coming year.  The CBD market place is expected to grow to 22 billion by 2022 according to the Brightfield Group. With the variety of guidance and opinions on CBD and marijuana, what are healthcare providers to do when their customers, family members, and employees are coming in and inquiring about their use?  This session will focus on the use of cannabis from a pharmaceutical perspective and it’s use in healthcare.  In addition to the products that are available as supplements there are also a number of FDA approved products that attendees will be educated on by the end of the session.   We’ll also discuss some things to think about as employers and health care workers when employees and patients want to use these products.
  • Cannabis:  Where are we Now?
    • Cannabis has been the focus of considerable debate, advocacy, and policy, generating both interest and misinformation.This presentation will provide an overview of cannabis and cannabinoid terminology, current regulations, and web-based resources available for continued learning.
  • Human Resource Implications
    • Marijuana is now legal for both medical and recreational use in the state of South Dakota and employment-related situations will soon follow.  What does an employer need to know about “legalized marijuana” in order to keep their business, employees and customers safe?  Join us for a session to discuss HR practices you can put in place to ensure you properly handle situations as they come up.  We will review appropriate drug policies, how and when to drug test, and how to handle employees with a medical need for marijuana as well as those who “abuse” the legally prescribed drug.
  • Impact of CBD and Medical Marijuana in Senior Living
    • As South Dakota has recently legalized recreational and medical cannabis, we plan to explore what this means for senior living providers and how to address these changes. During this webinar we plan to examine the following:
      • Explore the conflict between state and federal laws that impact how senior living providers address cannabis use by residents and staff.
      • Consider legal and practical differences between the use of medical and recreational cannabis and CBD products.
      • Identify best practices for mitigating risk if permitting or identifying cannabis use by residents or staff.
  • Navigating Cannabis Use in Senior Care
    • As of April 1, medical cannabis is legal in 36 states (plus D.C.) and recreational cannabis is legal in 16 states (and D.C.). In November 2020, South Dakota’s voters joined this movement by legalizing both uses, effective July 1! Data also show that cannabis use among seniors is on the rise. It follows that residents of senior care and housing communities will increasingly expect (or demand) to use cannabis on campus. To prepare for this trend, providers must consider issues from the legal risks of cannabis use at different levels of care to the impact of cannabis ingredients on residents. They must balance legitimate risk management concerns with resident autonomy. During this session, a physician and a senior care and housing attorney who are expert in these issues will explore the challenges that arise when we allow cannabis in senior care. Attendees will learn how to design and implement a sensible policy that allows cannabis use in senior care while balancing everyone's interests; become familiar with medical claims made about cannabis, proper dosing, and delivery modes; learn about the unique status of hemp; and identify common-sense risk management strategies that help protect residents' safety and protect providers from liability.
  • Risk Management & Employment Law