Fact Checked by Doctor NameIntroduction of South Dakota Marijuanas Law
Table of Contents
Marijuana policy in South Dakota has taken a winding road over the past decade.
While cannabis remains prohibited in many states, South Dakota has seen changing public attitudes lead to new laws allowing access to medical use.
At the same time, setbacks in the courts have kept recreational marijuana illegal for now after initial legalization by voters.
South Dakota is an example of the complicated process of reforming marijuana laws even as public support for legalization grows nationally.
This article will trace how we arrived at the current status of cannabis in South Dakota through key events and votes.
We will also overview the present policies and restrictions around both medical and recreational marijuana.
Historical Context of South Dakota Marijuanas Law
- South Dakota first prohibited cannabis in 1937 and established penalties for possession in the 1970s, maintaining strict marijuana laws even as other states began liberalizing policies.
- Efforts to change marijuana laws in South Dakota emerged in the 2010s through court challenges and legislative bills, but early attempts saw little success.
- Progress came in 2020 when voters approved separate ballot initiatives to legalize medical cannabis and recreational marijuana. This made South Dakota the first state to simultaneously pass medical and adult-use legalization.
- However, recreational marijuana soon hit a roadblock. A legal challenge led the state Supreme Court to overturn the constitutional amendment legalizing adult-use cannabis in 2021, ruling it violated procedural rules.
- Despite this setback, the separate medical marijuana initiative was upheld. South Dakota established a medical cannabis program, licensing dispensaries to serve registered patients.
- Further attempts to enact recreational marijuana legalization continued through new ballot initiative proposals. But challenges have remained, with initiatives facing rejections and delays over details like drafting language.
- Medical marijuana is legal with regulated patient access, while recreational use remains prohibited. The future legal status of adult-use cannabis in South Dakota hangs in limbo as activists regroup for potential new ballot initiatives.
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Current Legal Status: Is Marijuana Legal in South Dakota?
Medical Marijuana in South Dakota
Is Weed Legal in South Dakota?
While recreational cannabis legalization efforts have stalled, medical marijuana is now legal in South Dakota.
Qualifying Medical Conditions and Patient Registration in South Dakota
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Patients Medical Conditions Include:
- Cachexia (wasting syndrome)
- Cancer
- Chronic pain
- Epilepsy
- Glaucoma
- HIV/AIDS
- Irritable bowel syndrome (IBS)
- Multiple sclerosis
- Nausea and vomiting
- Post-traumatic stress disorder (PTSD)
- Seizures
- Severe or persistent muscle spasms
Obtaining Medical Marijuana Cards in South Dakota
Patients must take various procedures to get a registration card for South Dakota’s medical cannabis program to have legal access:
- First, a patient must get certification from a South Dakota-licensed physician certifying they have one or more qualifying medical conditions.
- Patients may apply for a medical marijuana identification card from the South Dakota Department of Health with this doctor’s certification.
- The application procedure requires completing the form, paying a $20 yearly registration fee, and attaching the requisite medical certification and picture ID.
- The approval procedure takes weeks and includes background checks. New applications are needed to renew cards yearly.
- A registry identity card is sent to approved patients. This card and a picture ID are required at dispensaries to buy medical marijuana.
- Currently, 4,200 patients have active medical cannabis cards, according to the DOH. As more physicians prescribe medical marijuana and patients learn about it, this figure will rise.
- Children under 18 must have parental authorization and two pediatricians’ approval to qualify.
Access to Medical Marijuana Dispensaries in South Dakota
The DOH has licensed cultivation facilities and dispensaries to grow and sell medical cannabis products.
There are currently two operational dispensaries in South Dakota – one in Sioux Falls and one in Rapid City. More locations are expected to open over time.
Dispensaries offer various marijuana products, including dried flowers, edibles, tinctures, topicals, and concentrates.
Only registered medical cannabis cardholders can purchase products after showing their documentation.
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Recreational Use in South Dakota
Current Status and Possession Limits in South Dakota
- Right now, recreational marijuana is illegal in South Dakota. Voters passed a law in 2020 to allow and regulate recreational marijuana. However, the state Supreme Court blocked this law in 2021.
- Because of this court decision, it is still a crime to have marijuana if you do not have a medical card. Any amount for recreational use is prohibited.
- If you have 2 ounces or less, it is a misdemeanor crime. This can mean fines or jail time. More than 2 ounces becomes a felony charge.
- Medical marijuana patients can legally have cannabis if they follow the state program rules. But everyone else can face possession charges.
- Supporters are still working to pass new laws to make recreational marijuana legal. New proposals may allow adults over 21 to possess small amounts, like 1 ounce.
- South Dakota police can still arrest people for having any marijuana without a medical card. But laws could change if voters approve legalization in the next election.
Legal Age for Recreational Use in South Dakota
As recreational marijuana remains illegal in South Dakota, there is no legal age. The constitutional amendment passed in 2020 would have set the minimum age at 21 for recreational purchases, possession, and home growing.
The new initiative filed for the 2024 election also proposes setting 21 as the minimum legal age if recreational cannabis is legalized. This would align South Dakota with other states that have ended prohibition.
Retail Cannabis Stores in South Dakota
With recreational marijuana still prohibited, South Dakota does not yet allow retail cannabis stores to sell to the general public. The only legal sales currently are through licensed medical marijuana dispensaries to registered patients.
If recreational usage is legalized, the state must license and regulate retail marijuana establishments.
South Dakota may demand security, age verification, inventory monitoring, and more based on other states.
To cultivate, process, or sell recreational marijuana, firms require state licenses. Marketing, advertising, packaging, labeling, and other components require rules.
Hemp and CBD Regulations in South Dakota
South Dakota has implemented a hemp program to oversee the licensed cultivation, processing, and sale of industrial hemp and hemp-derived products like CBD oil.
The state’s hemp laws align with the 2018 Federal Farm Bill that federally legalized hemp agriculture.
The South Dakota Department of Agriculture runs the hemp program, issuing registration cards and licenses to growers, processors, and retailers. There is a state registry for tracking hemp from seed to final product.
Hemp-derived CBD products that contain no more than 0.3% THC are legal in South Dakota.
The state recently passed legislation explicitly legalizing CBD products that meet this THC limit, aiming to provide more certainty for consumers and the hemp industry. However, the laws prohibit adding CBD to food, beverages, and cosmetics.`
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Weed Cultivation and Home Growing in South Dakota
- Under current law, any cannabis cultivation is illegal in South Dakota outside the state’s medical marijuana program. Unlicensed home growing can lead to criminal charges.
- The 2020 constitutional amendment that legalized recreational use would have allowed home cultivation of up to three plants per person but was overturned.
- For medical use, some cultivation is permitted. The DOH has licensed two cannabis cultivation facilities to grow weed for the state’s dispensaries and processing facilities.
- Registered medical cannabis cardholders can cultivate up to three mature plants at home. However, many restrictions apply and home growing is only permitted after obtaining a permit from the DOH. Strict requirements include outdoor video surveillance and locks on any home grow spaces.
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Marijuana Sales and Distribution in South Dakota
- As recreational cannabis is illegal, no retail stores sell marijuana to the general public. The only legal sales are to medical patients through licensed dispensaries.
- With medical marijuana, the DOH regulates the licensing of cultivation facilities, product manufacturing, testing labs, and dispensaries. Vertical integration allows the same licensee to grow, process, test, and sell medical cannabis.
- Registered medical cardholding patients can purchase up to three ounces of marijuana monthly. Purchases are tracked in a state database.
- If recreational marijuana is legalized, the state would need to establish a framework of licenses and regulations for cannabis retail stores, similar to the medical marijuana program. Rules would likely govern aspects like marketing, security, age verification, and inventory tracking.
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Public Consumption and DUI Laws in South Dakota
- It remains illegal to consume marijuana in public places in South Dakota. Registered patients must consume medical cannabis on private property and in non-public spaces.
- South Dakota has per se laws for driving under the influence of marijuana. By law, drivers with 5 nanograms per milliliter of THC in their blood are automatically considered impaired.
- For those caught driving high, South Dakota imposes license suspension penalties, potential jail time, fines, and mandatory drug education classes depending on factors like prior offenses. Refusing an officer’s request for a chemical test can also lead to additional penalties.
- Possession of an open container or package of marijuana in the passenger area of a vehicle is prohibited in South Dakota and punishable by a fine.
Social Equity and Cannabis in South Dakota
- Social equity has not been a major component of South Dakota’s medical marijuana program. No licensing preferences or assistance programs have been established for communities impacted by past cannabis prohibition.
- However, the recreational legalization initiative proposed for 2024 does incorporate some equity provisions. It would provide for the expungement of prior low-level marijuana convictions. The initiative also requires regulators to encourage industry participation by individuals from communities affected by the War on Drugs.
- People with marijuana convictions may work in South Dakota’s medicinal cannabis sector. The DOH evaluates applicants’ convictions individually.
Marijuana Recent Legislative Changes in South Dakota
- In the 2023 legislative session, South Dakota lawmakers introduced several bills related to marijuana policy:
- HB 1100 legalized one ounce of cannabis and three plants at home. It passed the House but not the Senate.
- SB 3 legalizes selling and possessing certain CBD products with low THC levels. It passed and was signed into law.
- SB 49 specified that cannabis smell alone does not provide probable cause for police searches. It failed to pass before the deadline.
- HB 1201 would have placed recreational legalization on the 2024 ballot. It passed the House but stalled in the Senate.
Frequently Asked Questions
Q: What Are the Current Medical Marijuana Laws?
A: South Dakotans voted to legalize medical cannabis in 2020. The program is now active – patients with qualifying conditions can obtain marijuana from licensed dispensaries with a medical card issued by the state health department.
Q: Are There Penalties for Possession of Marijuana?
A: Yes, recreational marijuana remains illegal, so there are still penalties for possession in South Dakota. Having up to 2 ounces is a misdemeanor, while larger amounts are a felony. Only registered patients can legally possess medical cannabis.
Q: How Can I Stay Informed About Changing Laws?
A: Check sites like Norml and Marijuana Policy Project for updates. You can also follow news coverage, look up bills on the legislature’s website, and contact local cannabis advocacy groups.
Q: Are There Any Pending Bills for Cannabis Legalization?
A: Advocates are preparing an initiated measure to legalize recreational marijuana for South Dakota’s 2024 ballot after a previous proposal failed to make the 2022 election. The legislature could also refer a legalization proposal to voters.
Q: What type of marijuana convictions can be expunged under the proposed 2024 initiative?
A: If passed, the 2024 ballot initiative would allow the expungement of past convictions for possessing 1 ounce or less of marijuana. Possession of marijuana paraphernalia might be expunged. The court must be petitioned to clear records.
Q: Can I be fired for legally using medical marijuana outside of work hours?
A: Yes, employers in South Dakota can legally fire workers for off-duty medical marijuana use. The state provides no employee protections for legal medical cannabis patients.
Q: Where can registered patients consume medical marijuana?
A: South Dakota prohibits the consumption of medical cannabis in any public place. Patients can only legally consume marijuana on private property away from public view. Most landlords also prohibit use on rental properties.
Q: Do other South Dakota cities and counties have different marijuana laws than the state?
A: No, local governments in South Dakota lack the authority to decriminalize marijuana or enact cannabis ordinances that differ from state law. Marijuana policy is determined at the state level.
Q: Can minors become registered medical marijuana patients?
A: Yes, but with restrictions. Minors require written approval from a parent/guardian and two doctors to have a board-certified pediatrician, pediatrics specialist nurse, or pediatric physician assistant assess their condition. Requests are reviewed individually.
Conclusion
Marijuana policy has rapidly evolved in South Dakota over the past few years.
While recreational cannabis legalization has faced setbacks, medical marijuana is now a reality after voters’ approval. The future legal status of adult use remains uncertain – it may come down to another statewide vote.
Meanwhile, the debate between reformers and prohibitionists continues around decriminalization and social justice.
South Dakota’s experience highlights the complicated process of changing marijuana laws, even as public opinion increasingly favors legal access.
