Cannabis On The Ballot: South Dakota Votes On Medical & Recreational

South Dakota: Constitutional Amendment A & Initiated Measure 26

South Dakota residents will get the opportunity to vote on recreational marijuana legalization AND medical marijuana legalization on November 3, 2020! Make sure you are registered to vote by October 19th so you can make your voice heard during this critical election.

Election Update: South Dakota voters approved both Constitutional Amendment A and Initiated Measure 26, making South Dakota the first state to legalize medical and recreational marijuana at the same time.

What are the details?

South Dakota will be the first state in history to vote on recreational marijuana AND medical marijuana at the same time. Initiated Measure 26 would create a medical marijuana program, while Constitutional Amendment A would legalize marijuana for adults and require the state to approve laws for medical marijuana and hemp. 

Constitutional Amendment A would do the following:

  • Legalize the possession and use of marijuana for persons over the age of 21.
  • Enact a 15% tax on marijuana sales.
  • Use the tax revenue from marijuana sales to cover the cost of regulating the legal marijuana program, with 50% of the remaining revenue going to public education and 50% of the remaining revenue going to the state’s general fund.
  • Require the state to create a system for regulating marijuana.
  • Allow local governments to prohibit marijuana facilities within their borders.
  • Allow persons with past convictions for certain marijuana-related crimes to petition for the expungement of their criminal records.
  • Allow persons who live in a local government jurisdiction with no marijuana dispensaries to grow up to three marijuana plants at home (with no more than six plants allowed in a single residence). 
Initiated Measure 26 would do the following:
  • Allow persons who have a debilitating medical condition and are certified by a physician to possess and use up to three ounces of marijuana for medical purposes. 
  • Define a debilitating medical condition as: “a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.”
  • Allow the Department of Health to expand the list of debilitating medical conditions. 
  • Allow patients who are registered to cultivate marijuana at home to grow three marijuana plants (or more if prescribed by a physician). 
  • Require the Department of Health to initiate the program by October 29, 2021.
To learn more about cannabis laws in South Dakota and find out where elected officials in the state stand on cannabis reform, check out our South Dakota state page.

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