Part 1301 Defers Security to State Law. Article 44:90 Never Mentions Part 1301.

Part 6…

The first four pages in this series mapped nouns and desks: cardholder and establishment, four certificates and one federal license, certification and Part 1306, Health and Pharmacy.¹ The emergency-rule page explained what Pierre cannot do with a ninety-day shortcut.² This page is the inspector document.

The April 28, 2026 order did not rewrite Article 44:90. It added 21 C.F.R. § 1301.13(k), an expedited registration pathway for entities holding a state medical-marijuana license.³ For those registrants, the same regulation says physical-security requirements are sufficient if the registrant meets the requirements of state law.⁴ Disposal may follow state law.⁵ Labeling and packaging may follow state law, subject to the federal warning required by 21 U.S.C. § 825(c).⁶

That is deference, not a blank check. It applies to a shop that holds a § 1301.13(k) registration. It does not tell Pierre how to write 44:90. It does not tell an unregistered shop which federal security chapter it is living under. And the 38-section 44:90 package now in hearing does not cite Part 1301.⁷

The federal definition of “State medical marijuana license” means a state-issued license authorizing manufacture, distribution, and/or dispensing. That is why the figure maps the nouns instead of treating South Dakota’s four certificate classes as automatically equivalent.

Read the figure the way an inspector would. Most rows are not “Pierre is wrong.” They are “these two desks have not published the same noun.”

Four cells that matter first

Security is the one operators will over-read. Section 1301.13(k) does not repeal §§ 1301.71 through 1301.76 for the entire industry. It says a registrant under that subsection has sufficient physical security if the shop meets state law.⁸ South Dakota already wrote a camera-and-alarm code.⁹ For a shop that obtains the federal registration, the federal text points back at 44:90:04. For a shop that does not register, the subsection (k) deference sentence does not attach. This page does not decide who must file. It marks the difference.

The tether is the one not addressed in the current 44:90 package. If Health suspends a registration certificate, the federal registration “is automatically suspended.”¹⁰ That is not a 44:90 fine schedule. It is a second desk moving when the first desk moves. The dual-registration lockout is a separate page. This page only flags the clause.

Records are the cell that looks settled and is not. Eighteen months in 44:90:11:02 is not two years in § 1304.04.¹¹ That comparison is true as a description of the two provisions. It is not, by itself, a finding that a subsection (k) registrant who keeps the state clock has an incomplete federal file. The April text requires only the records necessary for federal statutory and treaty obligations and directs the Administrator to accept state-required reports, records, and forms “to the maximum extent permissible.”¹² Ordinary Part 1304 still exists. Whether its two-year inventory floor independently binds a (k) registrant after (k)(4) is the open question. The figure marks that row OPEN UNDER (k)(4) until that mapping is published.

Certification is not a simple ALIGN. A chapter 34-20G written certification is still not a Part 1306 prescription.¹³ Section 1301.13(k)(5) then says that, notwithstanding Part 1306, a qualifying state certification or similar document is sufficient to permit dispensing if specified federal information is present—including same-day dating and signature, patient name and address, and practitioner identifying and licensure information.¹⁴ That is DEFER plus an add-on, not a conversion of chapter 34-20G into the federal prescription rule.

What this page does not do

It does not say a cultivation, manufacturing, dispensary, or testing certificate is disqualified. Unpublished at the state level; here is what the federal text uses; here is what 44:90 names; the gap is the story.¹⁵

It does not say Schedule III rewrote the corrective-action rule, Form 14, or the fine schedule. Those are 44:90 problems in a 44:90 docket.¹⁶

It does not say Health must amend the 38-section package before October 3. The notice invites amendments, data, opinions, and arguments.¹⁷ A comment that quotes a row in the figure and asks the Department to say whether the regulatory-impact analysis assumed dual federal registration is a comment. A comment that announces a new federal ban is not.

The question the two texts leave on the desk

Article 44:90 tells a South Dakota establishment how to keep cameras, alarms, the inventory system, and an eighteen-month file. Section 1301.13(k) tells a federally registered medical-marijuana operator that compliance with state physical-security requirements is sufficient, that disposal may conform to state law, that the federal registration automatically suspends when the state license is suspended, revoked, or expires, and that state records will be accepted to the maximum extent permissible for federal statutory and treaty obligations.

Pierre has not published the crosswalk. The April order did not write it. The current 44:90 notice does not write it.

An inspector can print the figure. The next page is what happens when the two desks disagree about the same shop.

Part 7 next…

Footnotes

¹ Jason Karimi, A Patient Card Is Not a Shop License, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/a-patient-card-is-not-a-shop-license/; Jason Karimi, The April Rescheduling Order Asks for a License. Pierre Issues Four Certificates, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/the-april-rescheduling-order-asks-for-a-license-pierre-issues-four-certificates/; Jason Karimi, A Written Certification Is Not a Part 1306 Prescription, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/a-written-certification-is-not-a-part-1306-prescription/; Jason Karimi, The Medical Cannabis Desk Is at Health. The Prescription Desk Is at Pharmacy, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/the-medical-cannabis-desk-is-at-health-the-prescription-desk-is-at-pharmacy/.

² Jason Karimi, An Emergency Rule Lasts Ninety Days. It Is Not a Winter Session, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/an-emergency-rule-lasts-ninety-days-it-is-not-a-winter-session/.

³ 21 C.F.R. § 1301.13(k) (as amended Apr. 28, 2026), https://www.ecfr.gov/current/title-21/chapter-II/part-1301/section-1301.13; Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana From Schedule I to Schedule III; Corresponding Change to Permit Requirements, 91 Fed. Reg. 22,714, 22,721–22 (Apr. 28, 2026), https://www.govinfo.gov/content/pkg/FR-2026-04-28/pdf/2026-08176.pdf.

⁴ 21 C.F.R. § 1301.13(k)(10); 91 Fed. Reg. at 22,722.

⁵ 21 C.F.R. § 1301.13(k)(9); 91 Fed. Reg. at 22,722.

⁶ 21 C.F.R. § 1301.13(k)(8); 21 U.S.C. § 825(c), https://www.law.cornell.edu/uscode/text/21/825; 91 Fed. Reg. at 22,721–22.

⁷ S.D. Legislative Research Council, South Dakota Register, Vol. 53, at 25 (Aug. 31, 2026), https://sdlegislature.gov/; S.D. Dep’t of Health, proposed amendments to ARSD art. 44:90 (filed Aug. 21, 2026).

⁸ 21 C.F.R. § 1301.13(k)(10); 21 C.F.R. §§ 1301.71–1301.76, https://www.ecfr.gov/current/title-21/chapter-II/part-1301; 91 Fed. Reg. at 22,722.

⁹ ARSD 44:90:04, https://sdlegislature.gov/Rules/Administrative/44:90:04; ARSD 44:90:04:07, https://sdlegislature.gov/Rules/Administrative/44:90:04:07; ARSD 44:90:04:10, https://sdlegislature.gov/Rules/Administrative/44:90:04:10.

¹⁰ 21 C.F.R. § 1301.13(k)(3); 91 Fed. Reg. at 22,721.

¹¹ ARSD 44:90:11:02, https://sdlegislature.gov/Rules/Administrative/44:90:11:02; 21 C.F.R. § 1304.04(a), https://www.ecfr.gov/current/title-21/chapter-II/part-1304/section-1304.04.

¹² 21 C.F.R. § 1301.13(k)(4); 91 Fed. Reg. at 22,721.

¹³ SDCL ch. 34-20G, https://sdlegislature.gov/Statutes/34-20G; 21 C.F.R. pt. 1306, https://www.ecfr.gov/current/title-21/chapter-II/part-1306; Jason Karimi, A Written Certification Is Not a Part 1306 Prescription, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/a-written-certification-is-not-a-part-1306-prescription/.

¹⁴ 21 C.F.R. § 1301.13(k)(5); 91 Fed. Reg. at 22,721–22.

¹⁵ 21 C.F.R. § 1301.13(k) (definition of “State medical marijuana license”); 91 Fed. Reg. at 22,721; ARSD 44:90:03, https://sdlegislature.gov/Rules/Administrative/44:90:03; Jason Karimi, The April Rescheduling Order Asks for a License. Pierre Issues Four Certificates, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/the-april-rescheduling-order-asks-for-a-license-pierre-issues-four-certificates/.

¹⁶ Jason Karimi, After Reading South Dakota’s 54-Page Cannabis Rule Draft, I Filed a Supplemental Comment on What Form 14 Doesn’t Explain, WeedPress (Sept. 14, 2026), https://weedpress.org/2026/09/14/after-reading-south-dakotas-54-page-cannabis-rule-draft-i-filed-a-supplemental-comment-on-what-form-14-doesnt-explain/; Jason Karimi, South Dakota Wants to Rewrite Its Corrective-Action Rule. The Fine Can Still Come With It, WeedPress (Sept. 11, 2026), https://weedpress.org/2026/09/11/south-dakota-wants-to-rewrite-its-corrective-action-rule-the-fine-can-still-come-with-it/.

¹⁷ S.D. Legislative Research Council, South Dakota Register, Vol. 53, at 25 (Aug. 31, 2026), https://sdlegislature.gov/; Jason Karimi, How to File a Written Comment on South Dakota’s 38-Rule Medical Cannabis Package, WeedPress (Sept. 21, 2026), https://weedpress.org/2026/09/21/how-to-file-a-written-comment-on-south-dakotas-38-rule-medical-cannabis-package/.