WeedPress: The Paper Trail

Plain definitions of the federal and South Dakota terms used across WeedPress research pages. Each entry cites the governing statute or rule in the notes and points to a related explainer. Definitions summarize the law; they are not legal advice.

Jump to: 0–9 · A · C · D · E · F · M · P · R · S

See also: Federal Compliance Matrix · Research Collections · Records Library.

0–9

21 C.F.R. § 1301.13(k). DEA’s expedited registration pathway for entities holding a state medical marijuana license that seek registration as a marijuana manufacturer, distributor or dispenser; it was added by the April 28, 2026 final order.¹,² Paragraph (k)(7) provides that an applicant who applies within 60 days of the rule’s publication may keep operating under its state license while the application is pending.³ Related: Matrix, Q3 · When the State Certificate Is Suspended.

21 C.F.R. § 1307.31. A DEA rule that exempts the nondrug use of peyote in bona fide religious ceremonies of the Native American Church from Schedule I, and exempts those members from registration.⁴ It does not cover cannabis; a comparable exemption for medical cannabis patients exists only as a proposal. Related: Matrix, Q4 · From Gap to Solution.

A

Administrative Rules of South Dakota (ARSD) and rulemaking. ARSD is the official compilation of state agency rules. A permanent rule is adopted through the notice, public-hearing and Interim Rules Review Committee steps in SDCL 1-26-4; the Department of Health’s medical cannabis rules are Article 44:90.⁵ Related: How to File a Written Comment · Revised Rules Take Effect Nov. 5.

Attorney General opinion. A written opinion on a question of law that the Attorney General gives on request of the Legislature, either house, or other officials named in SDCL 1-11-1(6).⁶ It states the Attorney General’s legal view; it is not a court judgment or a rule. Example: Official Opinion 26-06 on federal rescheduling.⁷ Related: Opinion 26-06 (full text).

C

Contested case and final agency decision appeal. A contested case is an agency proceeding in which a party’s legal rights, duties or privileges must be decided after an opportunity for hearing.⁸ A party aggrieved by a final decision in a contested case may seek judicial review by serving a notice of appeal and filing it with the clerk of courts within 30 days after the agency serves notice of that decision.⁹ Related: Health Department Declines Requested Ruling.

Controlled Substances Act (CSA). The 1970 federal law that sets up the five drug schedules, the DEA registration system and federal drug offenses.¹⁰ Related: Federal Compliance Matrix.

D

DEA registration. Federal permission, issued by DEA, that a person needs to manufacture, distribute or dispense a controlled substance lawfully.¹¹ State-licensed medical marijuana businesses can apply through the pathway in 21 C.F.R. § 1301.13(k). Related: Matrix, Q3 · DEA Registration Decision Tree.

Debilitating medical condition. The diagnosis that qualifies a patient for South Dakota’s program, such as a chronic condition that produces severe, debilitating pain, severe nausea, seizures or persistent muscle spasms, or a listed condition such as HIV/AIDS, ALS, multiple sclerosis or cancer associated with severe pain, nausea or wasting.¹² A “qualifying patient” is someone a practitioner has diagnosed with one. Related: Patient Rights Quick Guide.

Declaratory ruling. A written agency ruling on whether a statute, rule or order applies; SDCL 1-26-15 requires every agency to provide a petition process, and a ruling has the same status as a decision in a contested case.¹³ The Department of Health’s procedure is ARSD chapter 44:62:01.¹⁴ Related: The DOH Already Has a Declaratory Ruling Process.

Designated caregiver. An adult at least 21 years old, with no disqualifying felony, who has agreed to assist a qualifying patient’s medical use of cannabis; a caregiver generally may assist no more than five patients.¹² Related: Matrix, Q7 · DEA’s New Transfer Warning.

E

Establishment types. South Dakota law recognizes four kinds of medical cannabis establishment: a cultivation facility, a cannabis product manufacturing facility, a cannabis testing facility and a dispensary.¹² Each operates under a Department of Health registration certificate.¹⁵ Related: Matrix, Q6 · Pierre Issues Four Certificates.

F

Federal Register. The daily federal publication of agency rules, proposed rules and notices; documents with general applicability and legal effect must be published there.¹⁶ Citations take the form “91 Fed. Reg. 22,714,” meaning volume 91, page 22,714. Related: Matrix, Q1.

FOIA and South Dakota public records. The federal Freedom of Information Act covers records of federal agencies such as DEA.¹⁷ Records of South Dakota state and local government are governed by SDCL chapter 1-27, which opens public records to inspection except as otherwise expressly provided by statute.¹⁸ Related: Agency Accountability Tracker · Public Compliance Log.

M

Medical Marijuana Oversight Committee (MMOC). A committee appointed by the Legislative Research Council’s Executive Board that must meet at least twice a year to evaluate the program and make recommendations to the Legislature and the Department of Health.¹⁹ It advises; it does not adopt rules or laws. Related: The MMOC Meets October 13.

P

Practitioner certification (written certification). A dated, signed document from a licensed physician, physician assistant or advanced practice registered nurse stating that the patient has a qualifying condition in the course of a bona fide practitioner-patient relationship.¹² A patient applies for a card with a certification issued within the preceding 90 days; federally, it can support dispensing if it meets 21 C.F.R. § 1301.13(k)(5).²⁰,²¹ Related: Matrix, Q5 · A Written Certification Is Not a Part 1306 Prescription.

Preemption. The rule that valid federal law overrides conflicting state law.²² The CSA preempts state law only where there is a “positive conflict” so that the two “cannot consistently stand together.”²³ Related: Minnesota Supreme Court Rulings.

R

Registry identification card. The Department of Health card identifying a person as a registered qualifying patient or designated caregiver.¹² It is a patient credential, not the operator license that the federal order relies on. Related: A Patient Card Is Not a Shop License.

Rescheduling vs. descheduling. Rescheduling moves a substance from one schedule to another; descheduling removes it from the schedules altogether.²⁴ The April 28, 2026 order rescheduled certain marijuana to Schedule III; in South Dakota, the Department of Health recommends schedule changes to the Legislature.²,²⁵ Related: Matrix, Q2 · South Dakota’s Schedule I Statute.

S

Schedules I–V. The five federal categories of controlled substances, each defined by findings on abuse potential, accepted medical use and safety; Schedule I requires a high potential for abuse, no currently accepted medical use and a lack of accepted safety under medical supervision.²⁶ South Dakota uses parallel Schedule I criteria.²⁷ Related: Matrix, Q1 · What Does “Accepted Medical Use” Mean?.

SDCL (South Dakota Codified Laws). The official compilation of South Dakota statutes. Medical cannabis is chapter 34-20G, and the state controlled-substance schedules are chapter 34-20B.²⁸ Related: Catch-Up Guide.

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Last reviewed: Oct 29, 2026