HomeMy WebLinkAboutOrd. 21-027 - Not removed from the tableOrdinance 21-027
An Ordinance Establishing the Number of
Medical Cannabis Establishments in the City of Brookings, South Dakota
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as
follows:
I.
Section 1. Definitions. The following words and phrases, when used in this ordinance,
shall have the meanings provided in this ordinance:
Medical cannabis establishment shall mean a cannabis cultivation facility, a
cannabis testing facility, a cannabis product manufacturing facility, or a cannabis
dispensary as those terms are defined in SDCL § 34-20G-1.
Medical cannabis dispensary or dispensary shall mean the entity registered
with the South Dakota Department of Health pursuant to SDCL Chapter 34 -20G
and licensed by the City pursuant to this ordinance that acquires, possesses,
stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis,
cannabis products, paraphernalia, or related supplies and educational materials
to cardholders. Medical cannabis dispensary does not include a cultivation
facility, a cannabis testing facility, a cannabis product manufacturing facility, or a
recreational cannabis dispensary.
Cannabis product manufacturing facility shall mean 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.
Cannabis testing facility or testing facility shall mean an independent entity
registered with the department pursuant to this chapter to analyze the safety and
potency of cannabis.
Cultivation facility shall mean an entity registered with the department pursuant
to this chapter that acquires, possesses, cultivates, delivers, transfers,
transports, supplies or sells cannabis and related supplies to a medical cannabis
establishment.
Section 2. Limitation of the number of medical cannabis dispensaries. Under the
authority granted by SDCL 34-20G-56, there shall be no more than _________ (____)
active medical cannabis dispensaries that may be registered by the State of South
Dakota to operate within the jurisdictional limits of the City of Brookings at any time. The
City of Brookings will provide the Department of Health with its preference for
registration based on applicants that have received a medical cannabis dispensary
license issued by the City of Brookings pursuant to this ordinance.
Section 3. Prohibition of medical cannabis product manufacturing facilities,
medical cannabis testing facilities and medical cultivation facilities. Under the
authority granted by SDCL 34-20G-56, there shall be no more than _________ (____)
active medical cannabis product manufacturing facilities, medical cannabis testing
facilities and medical cultivation facilities that may be registered by the State of South
Dakota to operate within the jurisdictional limits of the City of Brookings at any time. The
City of Brookings will provide the Department of Health with its preference for
registration based on applicants that have received medical cannabis product
manufacturing facilities license, medical cannabis testing facilities license and medical
cultivation facilities license issued by the City of Brookings pursuant to this ordinance
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: July 27, 2021
Second Reading: August 10, 2021 TABLED
Second Reading: August 24, 2021 NOT REMOVED FROM THE TABLE
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk