South Dakota Codified Law (SDCL) 34-20G permits medical cannabis, also referred to as medical marijuana, for patients who experience a debilitating medical condition and are certified by a physician that medical cannabis will help alleviate their condition.
Brookings Health System’s Medical Cannabis Policy
The South Dakota Department of Health allows each medical entity in the state to determine how it will handle medical cannabis therapy.
At this time, Brookings Health System is not allowing medical cannabis use in any of its facilities until there is further clarification from the federal government.
On the federal level, marijuana is listed as a Schedule I substance under the Controlled Substances Act. The U.S. Food and Drug Administration (FDA) has not approved a marketing application for any marijuana product for any clinical indication. As such, both the Drug Enforcement Administration (DEA) and FDA have concluded that marijuana is not federally approved for medical use or treatment. Because of this, the DEA has stipulated that medical facilities who allow medical cannabis therapy risk losing payment for care they provide to patients on Medicare and Medicaid or being expelled from federal programs they participate in.
Due to federal stipulations at this time, patients who are permitted to possess medical cannabis will be asked to remove the medical cannabis from any Brookings Health System facility and refrain from its use during their care. Alternative therapy options will be offered to nursing home residents and patients who stay on an inpatient basis and rely on medical cannabis therapeutics.