In order to balance the various interests and manage the effects cannabis establishments have on adjacent land uses and to promote the public health, safety, and general welfare of the city, the Deadwood City Commission adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of cannabis establishments to locate in the city but is for the purpose of preventing a concentration of certain cannabis establishments in any one area as well as strictly prohibiting cannabis establishments within residential zoned areas and areas of the local historic district as defined in this chapter.

Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34-20G-1. The definitions contained herein apply only to this section of the Deadwood Municipal Ordinances.

"Cannabis (or Marijuana)". All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

"Cannabis Cultivation Facility". In addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.

"Cannabis Dispensary". In addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that is a retail type 1 setting and acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.

"Cannabis Establishment". A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

"Cannabis Product Manufacturing Facility". In addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

"Cannabis Products". Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

"Cannabis Testing Facility". In addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.

"Co-locate". For the purpose of this chapter, co-locate is defined as on the same parcel or properties that share adjoining property lines with common ownership.

"Park". A public green space located within the City of Deadwood used for recreation which contains equipment designated for children’s play such as seesaws and swings.

"Place of Worship". A church, synagogue, mosque, temple or any other building where congregations gather for prayer.

"Public or private school". Any preschool, elementary school, middle school, secondary school, or high school. The term also includes any daycare or childcare center.

"Unlicensed Cannabis Establishment". An entity that would otherwise meet the definition of a cannabis establishment, but which is not legally licensed by the City of Deadwood and does not have a current and valid registration certificate issued by the South Dakota Department of Health.

1. Regulations Relating to Cannabis Cultivation Facilities. No cannabis cultivation facility may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis cultivation facility is a permitted use in the following zoning districts: Ag (Agriculture), CH (Commercial Highway) and, CE (Commercial Enterprise).
   
   No cannabis cultivation facility may be located or operate within one thousand (1,000) feet of a public or private school.
2. Regulations Relating to Cannabis Testing Facilities. No cannabis testing facility may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis testing facility is a permitted use in the following zoning districts: Ag (Agriculture), CH (Commercial Highway), and CE (Commercial Enterprise).
   
   No cannabis testing facility may be located or operate within one thousand (1000) feet of a public or private school.
3. Regulations Relating to Cannabis Product Manufacturing Facilities. No cannabis product manufacturing facility may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis product manufacturing facility is a permitted use in the following zoning districts: Ag (Agriculture), CH (Commercial Highway), and CE (Commercial Enterprise).
   
   No cannabis product manufacturing facility may be located or operate within one thousand (1000) feet of a public or private school.
4. Regulations Relating to Cannabis Dispensaries. No cannabis dispensary may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis dispensary is a permitted use in the following zoning districts: CE Commercial Enterprise District, CH Commercial Highway, and Ag (Agriculture).
   
   No cannabis dispensary may be located or operate within one thousand (1000) feet of a public or private school or within 500 feet of any park, as defined herein, or place of worship.
5. No cannabis dispensary may be located or operate within 100 feet from the lot line of any other cannabis dispensary. All applicants must submit a survey from a registered land surveyor confirming these distance requirements have been met.
   

1. Cannabis Establishments are strictly prohibited in the following areas:
   1. 478 – 908 Main Street
   2. All of Lee Street
   3. All Siever Street
   4. All of Deadwood Street
   5. All of Pine Street
   6. 37 – 175 Sherman Street
   7. All R1 Residential and R2 Residential Multi-Family Zoning
2. Unlicensed cannabis establishments are prohibited from being located or operating in any zoning district.

1. 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 Section 17.77.030(A - D).
2. A cannabis establishment lawfully operating in conformity with this section does not violate this section if any of the uses in Section 17.77.030(A - D) subsequently locates within one thousand (1000) feet of the cannabis establishment.
   
3. Violations of this chapter are deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by a court of competent jurisdiction. In addition to the imposition of civil penalties, criminal citations for a class 2 misdemeanor may be issued to any person who violates this title or any amendment hereto. The citation for a class 2 misdemeanor is punishable by the maximum punishment set forth by the laws of the state of South Dakota pursuant to SDCL § 22-6-2. Each day that any violation of this title are in effect shall constitute a separate offense.