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How’s Pot Doing in South Dakota?

Cannabis is 30% legal in South Dakota

Cannabis Legality in South Dakota

In South Dakota, medical marijuana possession is legal for individuals aged 18 and older who have debilitating medical conditions (South Dakota State Cannabis, 2023). These patients are allowed to possess and use up to 3 ounces of cannabis. To be eligible, patients must have a medical marijuana card and suffer from conditions such as multiple sclerosis, Crohn’s disease, epilepsy, AIDS, glaucoma, PTSD, ALS, and severe pain. Minors are permitted to assign caregivers over the age of 21 to manage their medical cannabis use. It is important to note that the legality of possession is strictly for those who have been certified as medical marijuana patients and does not extend to recreational use.

Medical marijuana patients in South Dakota can legally purchase THC-containing cannabis products from regulated medical cannabis establishments. These transactions must comply with SDCL 34-20G and ARSD 44:90, which govern the medical cannabis program in the state. The first licensed dispensary in South Dakota opened in July 2022, providing a legal avenue for patients to obtain their medication (Leafly, 2023).

Qualified medical marijuana patients in South Dakota are allowed to cultivate cannabis for personal use. They can apply to grow up to two flowering cannabis plants and two non-flowering plants at home. This cultivation is part of the application process for the South Dakota Medical Cannabis Program and is regulated to ensure compliance with state laws (MedCannabis, 2023).

As of the current date, possession of THC-containing cannabis products for recreational use remains illegal in South Dakota. Despite the approval of Constitutional Amendment A in 2020, which aimed to legalize marijuana for adult use, it was later overturned by Governor Kristi Noem and the state Supreme Court. As a result, possession of high-THC cannabis for non-medical purposes is not permitted under state law (CFAH, 2023).

The purchase of THC-containing cannabis products for recreational use is also illegal in South Dakota. There are no legal retail outlets for adults without a medical card to buy cannabis products. The recreational cannabis measure did not pass in the November 2022 election, and therefore, no legal framework exists for the retail sale of recreational cannabis (Leafly, 2023).

Currently, the cultivation of THC-containing cannabis for recreational purposes is illegal in South Dakota. However, there are initiatives underway that, if passed, would change this status. One such initiative, if approved, would allow individuals 21 and older to possess, grow, sell, ingest, and distribute marijuana or marijuana paraphernalia. To qualify for the 2024 general election ballot, these measures would require 17,509 valid petition signatures (KOTA TV, 2023).

In conclusion, South Dakota maintains a legal framework for medical marijuana but has yet to legalize recreational cannabis. Medical marijuana patients have clear guidelines and legal protections for possession, purchase, and cultivation. In contrast, recreational users face strict laws with potential fines and prison sentences for possession. The future of recreational cannabis legalization in South Dakota hinges on the success of ongoing initiatives and the state’s political climate.

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