A.

Definitions.

1.

"Cultivation facility" means an entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, posses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment.

2.

"Medical cannabis dispensary" or "dispensary" means an entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, posses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational material to cardholders.

3.

"Cannabis product manufacturing facility" means an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary.

4.

"Cannabis products," "cardholder," and "medical cannabis establishment" shall be as defined by SDCL Chapter 34-20G.

5.

"Public or private school" means any public or private preschool, elementary school, middle school, secondary school, high school, or similar establishment the primary intent of which is to educate children and young adults. The term also includes any licensed daycare or childcare center.

B.

Restrictions and Regulations.

1.

No cannabis cultivation facility or medical cannabis dispensary shall be located or operate within one thousand (1,000) feet of a public or private school.

2.

No cannabis cultivation facility or medical cannabis dispensary shall be located or operate within five hundred (500) feet of a residence or religious institution.

3.

The number of cannabis product manufacturing facilities located or operating in any zoning district shall be zero.

4.

For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a cannabis establishment to the nearest point on the property line of a parcel containing a use listed in Sections 17.42.010B.1 and 17.42.010B.2.

5.

Unlicensed cannabis establishments are prohibited from being located or operating in any zoning district.

6.

It is unlawful to own, manage, or operate a medical cannabis establishment in zoning districts other than the zoning districts permitted by the criteria of Sections 17.08.020 and 17.10.010. A violation of this provision is subject to the general penalty provision in Section 17.38.010. Each day of violation constitutes a separate offense.

(Ord. No. 6-2021, 9-7-2021)