SDCL § 34-20G-58: Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty.

The governing body of a municipality may enact an ordinance not in conflict with this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, imposing:

(1) Restrictions on a medical cannabis establishment to govern the time, place, and manner of operation;

(2) A limit on the number of medical cannabis establishments in the municipality;

(3) Reasonable setback requirements;

(4) Limitations on the proximity of a medical cannabis establishment to:

(a) Any sensitive land-use area, including a childcare facility, park, public service facility, recreational facility, religious facility, school, and any location frequented by individuals under the age of twenty-one; or

(b) Any other medical cannabis establishment;

(5) Requirements for a medical cannabis establishment to obtain a local license, permit, or registration to operate; or

(6) Reasonable fees for any local license, permit, or registration.

The governing body of a county may enact an ordinance governing all matters set forth in this section. The county ordinance applies throughout its jurisdiction, except within the boundaries of a municipality that has enacted an ordinance in accordance with this section.

A county or municipality may impose a civil penalty for the violation of an ordinance enacted in accordance with this section.