South Dakota voters just 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 important that Amendment A handed as well as to 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 Amendment A stop that from taking place.

Additionally, Constitutional Amendment A requires the state to set up a authorized hemp program. 

Here’s what happens next.

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

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


When can I legally possess marijuana?

Again: July 1, 2021, is the magic date. Starting on that date will probably be authorized for all adults to possess up to 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 up to three ounces of marijuana, and a vast amount of crops.

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

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

Make positive you retain these crops out of view, although! Under CA-A, you will get slapped with a $250 advantageous in case your crops are seen to the general public.

When can I apply for a medical marijuana card?

Probably next spring or summer time.

The state’s medical program is required to settle for sufferers no later than July 1, 2021. Patients shall be ready to acquire a short lived card on that day, and the state Department of Health could have 140 days to subject everlasting playing cards.

When can I purchase medical marijuana?

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

While medical marijuana will technically be obtainable 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. Probably mid- to late-2022.

The Department of Revenue has till April 1, 2022, to craft guidelines and subject rules for the adult-use program, however it’s unclear how lengthy after that date it should take for shops to be up and operating.

Will marijuana gross sales be taxed?

Yes. Adult-use gross sales shall 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 apply for a medical card; anybody with a “chronic or debilitating disease or medical condition or its treatment” that produces a number of of the next:

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

Can my city ban hashish shops?

Local governments can regulate or prohibit adult-use shops as they see match. But they can’t ban medical marijuana dispensaries.

How many hashish shops shall be licensed?

There are not any license caps for medical marijuana dispensaries.

While there are not any exhausting caps on licenses for adult-use shops, Constitutional Amendment A does allow the Department of Revenue to “issue enough licenses to substantially reduce the illicit production and sale of marijuana throughout the state; and Limit the number of licenses issued, if necessary, to prevent an undue concentration of licenses to any one municipality.”

Can I get my previous hashish conviction expunged?

Currently, no.

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

The legislature shall be ready to enact an expungement course of in the event that they select. This would require some advocacy work.

Can I get fired for utilizing marijuana legally?

Yes. Unless you’re a medical affected person with a state-issued med card, nothing within the legislation prevents employers from firing workers who’re suspected of utilizing authorized hashish in non-public, on their very own time.  

Medical sufferers could have some safety. Initiative 26 states that “a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law…as it pertains to: Any interaction with a person’s employer.”

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 folks. He co-hosts The Hash podcast. His dream interview is Tyler the Creator.

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