Huron Plainsman | County has first reading of marijuana ordinance

HURON – On the Beadle County Fee assembly Tuesday morning, the primary studying of an ordinance setting forth future definitions for the approaching medical marijuana state legislation was learn.

State’s legal professional Michael Moore talked by means of the ordinance with commissioners as they mentioned and adopted the primary studying.

The ordinance units the hours of operation for future medical cannibas institutions at 8 a.m. to five p.m., Monday by means of Friday, with companies closed on state or federal holidays. Dispensaries would even be restricted to working at the very least 1,000 toes away from any college or in-home daycare facility, amongst a number of different outlined necessities.

Most of the measures outlined within the ordinance are set forth with the understanding that additional definition will possible come from the South Dakota Division of Well being (DOH) after July 1, when the legislation technically goes into impact.

The DOH has been tasked with establishing necessities for licenses for dispensaries, establishing necessities, issuing particular person medicinal marijuana use identification playing cards and establishing necessities for potential suppliers throughout the state as effectively. These necessities might not all be established as of July 1, however as soon as DOH documentation is out there, the county’s ordinance outlines how Beadle County will reply to medical cannibas.

The complete ordinance is beneath. The second studying can be June 29 through the fee assembly.

Commissioners thought-about the county-wide burn ban, presently in place, and selected to maintain the ban in place on account of continued dry circumstances, particularly noting the latest warmth resulting in continued hearth threat.

The fee convened because the county board of adjustment to evaluation a shifting allow for Allen and Gayle Schroeder to take away two small sheds from their property in an effort to change them with one giant shed. The brand new shed meets all setback necessities. This was accredited.

Commissioners accredited a platting of S&B Kuhns Heritage Acres to permit for 10 acres of the property to be bought for a possible residence.

The fee additionally accredited the resignation of a member of the county nursing workers, efficient June 11, and accredited the rent of Sabrina Banghart as a full-time worker within the auditor’s workplace.

The following county fee assembly is June 29 at 9 a.m. within the fee room on the courthouse.

The complete ordinance is listed beneath:

AN ORDINANCE TO REGULATE MEDICAL CANNABIS WITHIN BEADLE COUNTY

WHEREAS, the State of South Dakota permits the sale and consumption of medical hashish pursuant to South Dakota Codified Legislation (SDCL) Chapter 34-20G and,

WHEREAS, pursuant to SDCL 34-20G-55, county authorities might require a neighborhood registration, license, or allow for a medical hashish institution to function inside that county, and

WHEREAS, pursuant to SDCL 34-20G-58, county authorities might enact ordinances or laws governing the time, place, method, and variety of licensees working inside its jurisdiction; and

WHEREAS, additionally pursuant to SDCL 34-20G-58, county authorities might set up civil penalties for violation of an ordinance governing the time, place, and method of medical hashish institutions that function domestically, and

WHEREAS, below the provisions of SDCL 34-20G-60, county authorities might require a medical hashish institution to acquire a county license, allow, or registration previous to working, and will cost an inexpensive price for that license, allow, or registration, and

WHEREAS, the County believes that regulation of medical hashish is critical for the well being and security of this neighborhood; then and due to this fact,

BE IT ORDAINED BY THE BEADLE COUNTY COMMISSION AS FOLLOWS:

Part 1. Definitions.

The phrases and definitions present in SDCL 34-20G-1 are particularly adopted for the aim of this Ordinance.  Particularly,

• “Allowable quantity of hashish,” means:
  1. Three ounces of hashish or much less;
  2. The amount of hashish merchandise as established by guidelines promulgated by the division below SDCL 34-20G-72;
  3. If the cardholder has a registry identification card permitting cultivation, three hashish crops minimal or as prescribed by a doctor; and
  4. If the cardholder has a registry identification card permitting cultivation, the quantity of hashish and hashish merchandise that had been produced from the cardholder’s allowable crops, if the hashish and hashish merchandise are possessed on the similar property the place the crops had been cultivated.
• “Bona fide practitioner-patient relationship,” means:
  1. A practitioner and affected person have a therapy or consulting relationship, through the course of which the practitioner has accomplished an evaluation of the affected person’s medical historical past and present medical situation, together with an applicable in-person bodily examination;
  2. The practitioner has consulted with the affected person with respect to the affected person’s debilitating medical situation; and
  3. The practitioner is out there to or presents to supply follow-up care and therapy to the affected person, together with affected person examinations;
• “Hashish merchandise,” means any concentrated hashish, hashish extracts, and merchandise which might be infused with hashish or an extract thereof, and are supposed to be used or consumption by people. The time period consists of edible hashish merchandise, drinks, topical merchandise, ointments, oils, and tinctures;
• “Hashish product manufacturing facility,” means an entity registered with the division pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, provides, or sells hashish merchandise to a medical hashish dispensary
• “Hashish testing facility” or “testing facility,” means an impartial entity registered with the division pursuant to this chapter to investigate the protection and efficiency of hashish;
• “Cardholder,” means a qualifying affected person or a delegated caregiver who has been issued and possesses a legitimate registry identification card;
• “Cultivation facility,” means an entity registered with the division pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, provides, or sells hashish and associated provides to a medical hashish institution;
• “Debilitating medical situation,” means:
  1. A power or debilitating illness or medical situation or its therapy that produces a number of of the next: cachexia or losing syndrome; extreme, debilitating ache; extreme nausea; seizures; or extreme and chronic muscle spasms, together with these attribute of a number of sclerosis; or
  2. Some other medical situation or its therapy added by the division, as supplied for in SDCL 34-20G-26
• “Division,” means the South Dakota Division of Well being
• “Designated caregiver,” means an individual who:
  1. Is at the very least twenty-one years of age;
  2. Has agreed to help with a qualifying affected person’s medical use of hashish;
  3. Has not been convicted of a disqualifying felony offense; and
  4. Assists not more than 5 qualifying sufferers with the medical use of hashish, except the designated caregiver’s qualifying sufferers every reside in or are admitted to a well being care facility or residential care facility the place the designated caregiver is employed;

• “Disqualifying felony offense,” means a violent crime that was categorized as a felony within the jurisdiction the place the particular person was convicted;
• “Edible hashish merchandise,” means any product that:
  1. Incorporates or is infused with hashish or an extract thereof;
  2. Is meant for human consumption by oral ingestion; and
  3. Is introduced within the type of foodstuffs, drinks, extracts, oils, tinctures, or different comparable merchandise;
• “Enclosed, locked facility,” means any closet, room, greenhouse, constructing, or different enclosed space that’s geared up with locks or different safety gadgets that let entry solely by a cardholder or an individual allowed to domesticate the crops. Two or extra cardholders who reside in the identical dwelling might share one enclosed, locked facility for cultivation;
• “Medical hashish” or “hashish,” means marijuana as outlined in SDCL 22-42-1;
• “Medical hashish dispensary” or “dispensary,” means an entity registered with the South Dakota Division of Well being pursuant to SDCL 34-20G that acquires, possesses, shops, delivers, transfers, transports, sells, provides, or dispenses hashish, hashish merchandise, paraphernalia, or associated provides and academic supplies to cardholders;
• “Medical hashish institution,” means a cultivation facility, a hashish testing facility, a hashish product manufacturing facility, or a dispensary;
• “Medical hashish institution agent,” means an proprietor, officer, board member, worker, or volunteer at a medical hashish institution;
• “Medical use,” consists of the acquisition, administration, cultivation, manufacture, supply, harvest, possession, preparation, switch, transportation, or use of hashish or paraphernalia referring to the administration of hashish to deal with or alleviate a registered qualifying affected person’s debilitating medical situation or symptom related to the affected person’s debilitating medical situation. The time period doesn’t embody:
  1. The cultivation of hashish by a nonresident cardholder;
  2. The cultivation of hashish by a cardholder who just isn’t designated as being allowed to domesticate on the cardboard holder’s registry identification card; or
  3. The extraction of resin from hashish by solvent extraction except the extraction is finished by a hashish product manufacturing facility;
• “Nonresident cardholder,” means an individual who:
  1. Has been identified with a debilitating medical situation, or is the father or mother, guardian, conservator, or different particular person with authority to consent to the medical therapy of an individual who has been identified with a debilitating medical situation;
  2. Is just not a resident of this state or who has been a resident of this state for fewer than forty-five days;
  3. Was issued a presently legitimate registry identification card or its equal by one other state, district, territory, commonwealth, insular possession of america, or nation acknowledged by america that enables the particular person to make use of hashish for medical functions within the jurisdiction of issuance; and
  4. Has submitted any documentation required by the division, and has acquired affirmation of registration;
• “Practitioner,” means a doctor who’s licensed with authority to prescribe medicine to people. In relation to a nonresident cardholder, the time period means an individual who’s licensed with authority to prescribe medicine to people within the state of the affected person’s residence;
• “Qualifying affected person,” means an individual who has been identified by a practitioner as having a debilitating medical situation;
• “Registry identification card,” means a doc issued by the division that identifies an individual as a registered qualifying affected person or registered designated caregiver, or documentation that’s deemed a registry identification card pursuant to SDCL 34-20G-29 to SCDL 34-20G-42 inclusive; and
• “Written certification,” means a doc dated and signed by a practitioner, stating that within the practitioner’s skilled opinion the affected person is more likely to obtain therapeutic or palliative profit from the medical use of hashish to deal with or alleviate the affected person’s debilitating medical situation or symptom related to the debilitating medical situation. This doc shall affirm that it’s made in the middle of a bona fide practitioner-patient relationship and shall specify the qualifying affected person’s debilitating medical situation.

Part 2.  Operation of Medical Hashish Institutions in Beadle County.

Hours of Operation

• Medical hashish institutions working in Beadle County might open between the hours of 8:00am and 5:00pm, Monday by means of Friday.
• No medical hashish institution might function in Beadle County on any Federal or State Vacation.

Place of Operation. 

• Pursuant to SDCL 34-20G-55, no medical hashish institution might function inside one thousand toes (1000 toes) of a public or personal college, together with in-home daycare institutions.
• All medical hashish institutions in Beadle County should be in a facility the place entry to hashish could be restricted and secured.

• All medical hashish institutions will need to have written procedures detailing applicable safety measures designed to discourage theft of hashish.
• All medical hashish institutions will need to have written procedures detailing how the institution will forestall unauthorized entrance to any space containing hashish.
• Any cultivation, harvesting, and/or packaging of hashish should happen in a safe facility on the tackle on file with Beadle County as a medical hashish institution. This safe facility might solely be accessed by brokers of the medical hashish institution, emergency personnel, and adults who’re at the very least 21 years of age and who’re accompanied by a medical hashish institution agent.  
• A medical hashish institution might not produce hashish concentrates, hashish extractions or different hashish merchandise, except the medical hashish institution can be licensed or registered as a hashish product producer.
• A medical hashish institution might not share workplace area with a practitioner.
• A medical hashish institution might not refer a affected person to a practitioner.
• No particular person might devour hashish on the property of a medical hashish institution.
• Beadle County might examine a medical hashish facility throughout enterprise hours to make sure compliance with this Ordinance.

Method of Operation.

• Anybody who’s a board member, precept officer, agent, volunteer or worker of a medical hashish institution in Beadle County will need to have had a present and legitimate background examine earlier than working in or with the medical hashish institution.
• . Any medical hashish institution in Beadle County might not make use of any one that has been convicted of a disqualifying felony offense.
• All staff of a medical hashish institution in Beadle County should be over 21 years outdated.
• No medical hashish institution might situation hashish to anybody who just isn’t a qualifying affected person with a present and legitimate registry identification card issued by the South Dakota Division of Well being or a delegated caregiver for a qualifying affected person.

Part 3.  Allowing of Medical Hashish Institution. 

• In an effort to function as a medical hashish institution in Beadle County, the possible entity should receive each a allow from Beadle County and a present State registration certificates issued by the South Dakota Division of Well being.
• Beadle County won’t allow greater than two (2) medical hashish institutions to function throughout the boundaries of Beadle County at anybody time.

• Allow Software Procedures:
  55. A potential medical hashish institution looking for to function in Beadle County should first receive a allow to function from Beadle County previous to looking for registration as a medical hashish institution from the South Dakota Division of Well being below the provisions of SDCL 34-20G-55.
  56. All allow requests should be submitted, with the appliance price, to Beadle County Equalization Workplace. A allow choice can be made inside 60 days of software.
  57. A allow software to function as a medical hashish institution requires:
  58. The authorized title of the possible medical hashish institution;
  59. The placement of the possible medical hashish institution’
  60. A certification that the situation of the possible medical institution just isn’t inside one thousand toes (1000 toes) of a public or personal college, together with in-home day care services.
  61. The title and date of beginning of every precept officer and board member of the possible medical hashish institution.
  62. A certification that at the very least one officer or board member of the possible medical hashish institution is a resident of Beadle County, South Dakota;
  63. A certification that not one of the staff of the possible medical hashish institution has been convicted of a disqualifying felony offense
  64. A certification that the workers of the possible medical hashish institution are over the age of 21 years;
  65. A present background examine for every officer, board member, agent, volunteer or worker related to or working within the potential medical hashish institution;
  66. An outline of the kind of medical hashish institution; for instance whether or not the institution will function as a cultivation facility, a hashish testing facility, a hashish product manufacturing facility, or a hashish dispensary;
  67. A duplicate of the working paperwork for the possible medical hashish institution that element oversight of the institution and procedures to make sure correct recordkeeping
  68. An outline of applicable safety measures designed to discourage and stop theft of hashish and unauthorized entry into any space containing hashish.
  69. An software price of $1000

Part 4. 

• Nothing on this Ordinance permits any particular person to:
  1. Undertake any activity below the affect of hashish, when doing so would represent negligence or unprofessional malpractice;
  2. Possess hashish or interact within the medical use of hashish in any correctional facility, or
  3. Smoke hashish on any type of public transportation or in anyplace open to the general public,
  4. Function, navigate or be in precise bodily management of any motorcar, plane, prepare, or motorboat whereas below the affect of hashish.
• Nothing on this Ordinance requires an employer to permit ingestion or use of hashish within the office or to permit an worker to work whereas the worker is below the affect of hashish.
• Nothing on this Ordinance required an individual or institution to permit a visitor, shopper, buyer, or different customer to smoke or use hashish on or in that property.
• Nothing on this ordinance prohibits an employer from disciplining an worker for ingesting hashish within the office or disciplining and worker for working whereas below the affect of hashish.

Part 5.  Civil Penalties for Violation of this Ordinance.

Any particular person or entity that violates any provision of this Ordinance is topic to a civil penalty of as much as $500 and $100/day for day by day in violation.