Sunday, June 20, 2021

Legalization of Marijuana

Medical Marijuana

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. Click on the flier for more info.

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
  • Lessons Learned from Marijuana Legalization in MN & ND
  • Marijuana and the Workplace: Issues & Best Practices for Healthcare Employers
  • Legalization of Marijuana: The Impacts in Colorado
  • Medical Marijuana and SD Department of Health
  • Marijuana and Hemp Regulatory Implications in Post-Acute and Hospice Care
More info!

Webinar Recordings


Legalization of Marijuana Series

  • 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.
  • Lessons Learned from Marijuana Legalization in MN & ND - May 19 at 11am CST
    • Join SDAHO as we hear first-hand from North Dakota’s Department of Health, along with physicians from Minnesota and North Dakota on the clinical and operational aspect and implementation of medical marijuana. Medical marijuana was legalized in Minnesota in 2015 and North Dakota in 2016. Presenters will inform participants on their experiences, challenges, and areas to consider as South Dakota healthcare facilities plan for the legalization of marijuana on July 1, 2021. This session will include time for frequently asked questions, where presenters will share their perspective on what they’ve experienced within their state and practice. In addition, participants are encouraged to submit questions when completing the registration process or during the presentation.
  • Marijuana and the Workplace: Issues & Best Practices for Healthcare Employers - June 1 at 1pm CST
    • Evolving marijuana laws often create workplace challenges, and those challenges can be even more complex for healthcare employers.  This presentation will provide healthcare employers practical guidance to effectively plan for and lawfully navigate workforce-related marijuana issues.  This will include senior living and healthcare employment policies and practices regarding recreational marijuana, medical marijuana, off-duty use, Americans with Disabilities Act (ADA)/reasonable accommodation issues; and drug testing.
  • Legalization of Marijuana: The Impacts in Colorado  - June 2 at 11am CST
    • In November 2000, Amendment 20 was passed in the state of Colorado which legalized the use of marijuana for medicinal purposes, namely illnesses refractory to conventional treatments. A small enterprise was envisioned. However what followed was exponential growth in distribution and use. By 2013 the state had changed its law to include recreational use leading to the full commercialization of marijuana. Since that decision, a variety of public health and safety trends and statistics have been published, raising questions about the long-term impacts of marijuana use on health care, medical regulation and public safety.

      Dr. Gundersen will review the regulations created by the Colorado Department of Public Health and Environment which govern the sale and use of marijuana in the state. She will review guidelines physicians should consider if and when they choose to make recommendations for the use of marijuana. She will share both potential benefits and risks of marijuana use in both medicinal and recreational demographics. Finally, Dr. Gundersen will share the impact of liberalized marijuana laws on public health and safety.

  • Medical Marijuana and SD Department of Health - June 16 at 1pm CST
    • Hear from South Dakota’s Secretary of Health, Kim Malsam-Rysdon, and Deputy Secretary, Lynne Valenti, as the South Dakota Department of Health sets to implement medical marijuana.  The state department of health will determine how medical marijuana will be legalized and will oversee issuing medical marijuana registration cards.  Sec. Malsam-Rysdon and Deputy Sec. Valenti will provide an update on the progress of this work.
  • Marijuana and Hemp Regulatory Implications in Post-Acute and Hospice Care - June 24 at 11am CST
    • Marijuana legalization in South Dakota is on the horizon and Congress legalized Hemp CBD in 2018. In this webinar we will discuss how marijuana legalization at the state level will impact nursing homes, hospice, and home health providers.  We will also discuss the impact and effect of Hemp CBD legalization for your settings.