South Dakota bars medical marijuana companies from advertising

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South Dakota lawmakers finalized rules prohibiting advertising of medical marijuana products and eliminating a potency cap on smokable flower.

An interim rules committee solidified the half-dozen remaining regulations for the medical cannabis program that went into effect July 1, the Grand Forks Herald reported.

The state health department drafted nearly 150 rules that the bipartisan, bicameral committee approved in September. But six were sent back for revision.

Health department Secretary Kim Malsam-Rysdon told the Herald the finalized rules will “help clarify that we have restrictions in place (on advertising) until such time that this product is not illegal at the federal level.”

The potency cap for flower came from a proposed rule that sought to ban inhalation of products containing higher THC levels.

The committee also finalized a measure that removed doctors from the role of certifying who can home grow cannabis. Previously, the health department wanted to require a medical professional to sign off on who could home grow.

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However, a doctor will still need to be involved if someone wants to grow more than three plants at home.

Another rule also eases a regulation that would have barred the bulk transfer, without prepackaging, of any marijuana product out of safety for children.

The health department’s rules will now allow flower to be shipped in a container up to 10 pounds.

The agency is required by South Dakota law to be prepared by Nov. 18 to issue medical marijuana registration cards to patients.