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NOTICE OF ADOPTION

1st Reading: June 8, 2021
2nd Reading: June 22, 2021
Public Hearing: June 22, 2021
Date Adopted: June 22, 2021
Date Published: July 2, 2021
Effective Date: July 22, 2021

ORDINANCE NO. 2106-30

A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS.

WHEREAS, a local government may enact an ordinance not in conflict with SDCL Chapter 34- 20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. A local government may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration.

WHEREAS, Lincoln County, SD (“County”), makes a preliminary finding that the County’s current regulations and controls may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1;

WHEREAS, medical cannabis state laws under SDCL 34-20G are effective July 1, 2021. The South Dakota Department of Health shall promulgate rules pursuant to chapter 1-26 not later than October 29, 2021, as defined by SDCL 34-20G-72. During the time between July 1, 2021 and potentially as late as October 29, 2021, local units of government will not yet know standards for medical cannabis and will not be able to adequately assess the local zoning and licensing requirements necessary to approve local permits and to better ensure applicants have a more predictable permitting process and avoid stranded investments.

WHEREAS, the County hereby exercises its authority under SDCL 11-2-10 and SDCL 7-18A-8, to establish a temporary ordinance regarding the issuance of any local permits/licenses for medical cannabis establishments within the County; and

WHEREAS, the County finds that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the county government and its existing public institutions.

NOW, THEREFORE, BE IT ORDAINED BY LINCOLN COUNTY, SD:

Section 1. Amendment to Lincoln County Zoning Ordinance

A.    Section 26.02 of the 2009 Revised Zoning Ordinance for Lincoln County is hereby amended by adding the following terms and definitions in alphabetical order:

CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

CANNABIS PRODUCT MANUFACTURING FACILITY. An entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary.

CANNABIS TESTING FACILITY OR TESTING FACILITY. An independent entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G to analyze the safety and potency of cannabis.

CANNABIS CULTIVATION FACILITY. An entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment.

MEDICAL CANNABIS DISPENSARY OR DISPENSARY. An entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.

B.    Section 3.03 of the 2009 Revised Zoning Ordinance for Lincoln County is hereby amended by adding a new subsection H. as follows:

H. Cannabis cultivation facility.

1. The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
2. The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
3. The facility shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center.
4. The facility must operate entirely within an indoor, enclosed, and secure facility.
5. The facility shall submit a disposal plan to, and obtain approval from the Planning Director or his or her designee. Medical cannabis remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
6. There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
7. No one under the age of twenty-one (21) shall be permitted in the facility.
8. No retail sales of medical cannabis shall be permitted on the premises of the facility.
9. No use of medical cannabis shall be permitted on the premises of the facility.
10. The facility shall submit a security plan to, and obtain approval from the Planning Director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
11. The facility shall submit a site plan for approval by the Planning Director or his or her designee and a Floor Plan for approval by the Planning Director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

C.    Section 6.03 of the 2009 Revised Zoning Ordinance for Lincoln County is hereby amended by adding a new subsection E. as follows:

E. Medical cannabis dispensary.

1. The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
2. The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
3. The facility shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center.
4. The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop- off, or pick-up services shall be permitted.
5. The facility shall be limited to hours of operation not earlier than 8:00 A.M. and not later than 10:00 P.M.
6. The facility shall submit a disposal plan to, and obtain approval from the Planning Director or his or her designee. Medical cannabis remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
7. There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
8. No one under the age of eighteen (18) shall be permitted in the facility.
9. No use of medical cannabis shall be permitted on the premises of the facility.
10. The facility shall submit a security plan to, and obtain approval from the Planning Director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
11. The facility shall submit a site plan for approval by the Planning Director or his or her designee and a Floor Plan for approval by the Planning Director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

D.    Section 7.03 of the 2009 Revised Zoning Ordinance for Lincoln County is hereby amended by adding a new subsection F. as follows:

F. Cannabis testing facility.

1. The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
2. The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
3. The facility shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center.
4. The facility must operate entirely within an indoor, enclosed, and secure facility.
5. The facility may not operate on the same site as a Cannabis Cultivation Facility or Cannabis Product Manufacturing Facility.
6. The facility shall submit a disposal plan to, and obtain approval from the Planning Director or his or her designee. Medical cannabis remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
7. There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
8. The facility shall submit a security plan to, and obtain approval from the Planning Director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
9. The facility shall submit a site plan for approval by the Planning Director or his or her designee and a Floor Plan for approval by the Planning Director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

E.    Section 7.03 of the 2009 Revised Zoning Ordinance for Lincoln County is hereby amended by adding a new subsection G. as follows:

G. Cannabis cultivation facility.

1. The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
2. The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
3. The facility shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center.
4. The facility must operate entirely within an indoor, enclosed, and secure facility.
5. The facility may not operate on the same site as a Medical Cannabis Dispensary.
6. The facility shall submit a disposal plan to, and obtain approval from the Planning Director or his or her designee. Medical cannabis remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
7. There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
8. No one under the age of twenty-one (21) shall be permitted in the facility.
9. No retail sales of medical cannabis shall be permitted on the premises of the facility.
10. No use of medical cannabis shall be permitted on the premises of the facility.
11. The facility shall submit a security plan to, and obtain approval from the Planning Director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
12. The facility shall submit a site plan for approval by the Planning Director or his or her designee and a Floor Plan for approval by the Planning Director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
13. Section 7.03 of the 2009 Revised Zoning Ordinance for Lincoln County is hereby amended by adding a new subsection H. as follows:

H. Cannabis product manufacturing facility.

1. The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
2. The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
3. The facility shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center.
4. The facility must operate entirely within an indoor, enclosed, and secure facility.
5. The facility may not operate on the same site as a Cannabis Testing Facility or a Cannabis Cultivation Facility.
6. The facility shall submit a disposal plan to, and obtain approval from the Planning Director or his or her designee. Medical cannabis remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
7. There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
8. No one under the age of twenty-one (21) shall be permitted in the facility.
9. No retail sales of medical cannabis shall be permitted on the premises of the facility.
10. No use of medical cannabis shall be permitted on the premises of the facility.
11. The facility shall submit a security plan to, and obtain approval from the Planning Director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
12. The facility shall submit a site plan for approval by the Planning Director or his or her designee and a Floor Plan for approval by the Planning Director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
13. The facility shall submit a fire prevention plan and a floor plan for review and acceptance by the Lincoln County Emergency Management Director or his or her designee.

Section 2. Immediate Effect.

This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the county government and its existing public institutions pursuant to SDCL 11-2-10 and SDCL 7-18A-8.

BE IT FURTHER ORDAINED BY LINCOLN COUNTY, SD, that if any section, subsection, sentence, clause or phrase of this Ordinance should be held invalid, the invalidity of such section, subsection, sentence, clause or phrase shall not affect any other section, subsection, sentence, clause or phrase of the remainder of this Ordinance.

__________ /s/__________
Tiffani Landeen, Chair
Lincoln County Board of Commissioners

ATTEST:
__________/s/__________
Sheri Lund, Auditor