Information will be updated here as it becomes available. Check back for updates! Please note; while we aim to keep this pages fully up to date with the latest information, cannabis laws are always changing. We encourage you to verify these rules and regulations in the official legal text, which we’ve linked throughout the page for your convenience.
Amendment A legalized recreational marijuana for individuals 21 years old and older. Under the measure, individuals are allowed to possess or distribute up to one ounce of marijuana. The amendment required the South Dakota State Legislature to pass laws providing for a program for medical marijuana and the sale of hemp by April 1, 2022.
Individuals who live in a jurisdiction with no licensed retail stores can grow up to three marijuana plants in a private residence in a locked space, though not more than six marijuana plants could be kept in one residence at a time. Under the amendment, marijuana sales were set to be taxed at 15%. After the tax revenue is used by the Revenue Department to cover costs associated with implementing the amendment, 50% of the remaining revenue was set to be appropriated to fund state public schools and 50% would be deposited in the state’s general fund.
Under the amendment, a local government could ban marijuana cultivators, testing facilities, wholesalers, or retail stores from operating in its limits. Under the amendment, a local government cannot prohibit the transportation of marijuana on public roads in its jurisdiction by those who are licensed to do so.
Initiated Measure 26 was also on the 2020 ballot in South Dakota. It established a medical marijuana program in South Dakota for individuals who have a debilitating medical condition as certified by a physician. New Approach South Dakota, Marijuana Policy Project, and South Dakotans for Better Marijuana Laws support Initiated Measure 26 as well as Constitutional Amendment A. South Dakota was the first state to vote on recreational and medical marijuana at the same election.
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