The Status of Cannabis Legalization in SD
South Dakota joined four other states with ballot measures for medicinal or recreational cannabis use to be voted on in the 2020 election. Between Measure 26 (which would legalize the flower for therapeutic use) and Amendment A (which is a constitutional alteration to legalize recreational use) the one fell swoop measure, if approved, will put the Mount Rushmore State on the cannabis map as a pioneer.
Not only would it make a bold ballot statement, but the anticipated tax revenue up until 2024 is also in the millions. “Legalizing cannabis would provide revenues from licensing fees, sales tax, and 15% excess tax,” according to the South Dakota Legislative Research Council. “After regulatory costs, the state would distribute 50% of net revenues annually to public schools and 50% to the general fund.”
Additionally, state incarceration costs would reduce significantly based on the decriminalization of several laws. Ohio also attempted to pass both types of use of cannabis (medical and recreational in 2015. According to Cleveland.com, limited commercial growth had citizens voting down the measure, claiming the monopoly threatened the state constitution. “Ohio voters on Tuesday said they were not ready to legalize marijuana, despite a multimillion-dollar campaign aimed at convincing them that the time and the plan were right,” reported the news source in 2015 directly after the election.
We are excited to report that in November 2020, South Dakota officially became the first state to simultaneously legalize recreational and medicinal cannabis with the Amendment A and Ballot Measure 26.
Ballot Measure 26, passing by 69% of the vote, legalizes medicinal cannabis and allows cannabis card holders to possess and purchase up to three ounces of cannabis from a licensed dispensary. The state Department of Health will have until October 29, 2020 to enact regulations for the medical cannabis program and will issue cards by November 18, 2020.
South Dakotans narrowly passed Constitutional Amendment A during the November 2020 election with a margin of about 13% of the vote over the opposition. Constitutional Amendment A legalizes the possession, transportation, and distribution of cannabis. With the legalization, adults over the age of 21 can purchase or possess up to one ounce of cannabis. Constitutional Amendment A formally takes effect on July 1, 2021.The South Dakota Department of Revenue will develop recreational licensing regulations by April 2022.
Patient Qualifying Conditions
The state has no program nor qualifying conditions.
Without a designated statewide program, there are no caregiver laws set up for assisting patients with medical cannabis in South Dakota.
Possession and Cultivation Limits
There are no definitive possession laws regarding medical cannabis since the state of South Dakota does not have a program.
Frequently Asked Questions
No, the state does not offer any physician referrals, which is why Veriheal will set up shop in South Dakota when the state approves a medical cannabis program to help patients make appointments with registered physicians.
Veriheal will provide physicians for you once the state approves a program. After meeting with a certified doctor in a virtual video consultation from the comfort of your own home, the doctor will determine your eligibility based on a qualifying condition.
From start to finish, the medical evaluation takes approximately 10-15 minutes.