South Dakota voters simply made historical past by legalizing medical marijuana and adult-use hashish in a single fell swoop. The leisure hashish measure (Constitutional Amendment A) handed with 52% of the vote, and the medical measure (Initiative 26) handed with 69% of the vote.

It’s significantly vital that Modification A handed along with the medical initiative as a result of if solely the medical initiative had handed, it might have probably been dismantled by the state’s conservative legislature. Protections specified by Modification A forestall that from occurring.

Moreover, Constitutional Modification A requires the state to determine a authorized hemp program. 

Right here’s what occurs subsequent.

No. Marijuana possession stays unlawful in South Dakota till July 1, 2021.

And it’s extremely unlawful in South Dakota. The state has among the most draconian hashish penalties within the nation. Don’t spark up a celebratory joint simply but.


When can I legally possess marijuana?

Once more: July 1, 2021, is the magic date. Beginning on that date it is going to be authorized for all adults to own as much as one ounce of hashish flower.

How a lot marijuana can I legally possess?

When it’s authorized (and that’s not till July 2021), all adults 21 or older could possess a complete of 1 ounce of hashish (with not more than eight grams of that being focus).

Medical sufferers can possess as much as three ounces of marijuana, and an infinite amount of crops.

After July 1, 2021, an grownup could possess as much as three crops, with a restrict of six crops per family.

Medical sufferers with a state-issued card could develop an infinite amount of crops.

Be sure you hold these crops out of view, thought! Below CA-A, you will get slapped with a $250 fantastic in case your crops are seen to the general public.

When can I apply for a medical marijuana card?

Most likely subsequent spring or summer season.

The state’s medical program is required to just accept sufferers no later than July 1, 2021. Sufferers will be capable to get hold of a brief card on that day, and the state Division of Well being may have 140 days to situation everlasting playing cards.

When can I purchase medical marijuana?

It stays unclear when the primary adult-use shops will open.

Whereas medical marijuana will technically be out there for buy on July 1, 2021, don’t count on many dispensaries to essentially be stocked and prepared for enterprise on that day.

When can I purchase leisure marijuana?

It’s going to be some time. Most likely mid- to late-2022.

The Division of Income has till April l, 2022, to craft guidelines and situation rules for the adult-use program, but it surely’s unclear how lengthy after that date it is going to take for shops to be up and working.

Will marijuana gross sales be taxed?

Sure. Grownup-use gross sales will probably be taxed at 15%.

Medical gross sales is not going to be taxed.

What situations qualify for a medical card?

Initiative 26 permits for residents with a variety of situations to use for a medical card; anybody with a “power or debilitating illness or medical situation or its remedy” that produces a number of of the next:

  • cachexia or losing syndrome
  • extreme, debilitating ache
  • extreme nausea
  • seizures
  • extreme and protracted muscle spasms, together with these attribute of a number of sclerosis

Can my city ban hashish shops?

Native governments can regulate or prohibit adult-use shops as they see match. However they can not ban medical marijuana dispensaries.

What number of hashish shops will probably be licensed?

There aren’t any license caps for medical marijuana dispensaries.

Whereas there aren’t any onerous caps on licenses for adult-use shops, Constitutional Modification A does allow the Division of Income to “situation sufficient licenses to considerably cut back the illicit manufacturing and sale of marijuana all through the state; and Restrict the variety of licenses issued, if obligatory, to stop an undue focus of licenses to anyone municipality.”

Can I get my previous hashish conviction expunged?

Presently, no.

Neither initiative accommodates language round expungement, regardless of South Dakota’s excessive anti-marijuana legal guidelines.

The legislature will be capable to enact an expungement course of in the event that they select. It will require some advocacy work.

Can I get fired for utilizing marijuana legally?

Sure. Until you’re a medical affected person with a state-issued med card, nothing within the regulation prevents employers from firing workers who’re suspected of utilizing authorized hashish in personal, on their very own time.  

Medical sufferers could have some safety. Initiative 26 states that “a registered qualifying affected person who makes use of hashish for a medical function shall be afforded all the identical rights beneath state and native regulation…because it pertains to: Any interplay with an individual’s employer.”

Max Savage Levenson's Bio Image

Max Savage Levenson

Max Savage Levenson probably has the bottom hashish tolerance of any author on the hashish beat. He additionally writes about music for Pitchfork, Bandcamp and different bespectacled people. He co-hosts The Hash podcast. His dream interview is Tyler the Creator.

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