Campaign initiatives to legalize medical marijuana appeared on South Dakota ballots in 2006 and 2010, but failed both times. The 2006 initiative lost 52% to 47%, while the 2010 initiative lost 63% to 36%. [12] [13] Cannabis activist Emmett Reistroffer commented that the decline in support in 2010 was partly due to the rise of the Tea Party movement and the presence of an anti-smoking law on the same ballot. [14] Derby theorized that since the 2020 Amendment A also included references to medical marijuana and hemp, some voters in 2020 may have supported the change because they believed it legalized medical marijuana. However, a subsequent legal challenge — aided by Gov. Kristi Noem — led a district judge and then the state Supreme Court to overturn the election measure in November 2021, with the justices deeming Amendment A too broad. As legalization continues to spread across the U.S., Schweich said one of the main reasons to support the legalization of recreational marijuana is to ensure regulation and safety in the sale and purchase of marijuana. Almost. Medical cannabis became legal in the state of Mount Rushmore when the new legislation went into effect on July 1, 2021. But recreational cannabis didn`t become legal at the same time, even though voters had announced it. As of mid-2022, 19 U.S.
states and the District of Columbia have legalized recreational marijuana for adults. Colorado and Washington were the first states to legalize recreational marijuana in 2012; Montana is the only state on the South Dakota border where recreational marijuana is legal. Another 13 states have decriminalized marijuana possession. Voters are on fire and ready to restore the will of the people in November. If you live in South Dakota or know someone who does, get involved, follow the campaign, and support the 2022 effort by visiting the campaign website at www.southdakotamarijuana.org. Any sale or purchase of medical cannabis must comply with SDCL 34-20G and ARSD 44:90. Any sale or purchase of cannabis outside of regulated medical cannabis facilities is illegal. One opponent of legalizing recreational marijuana said he was encouraged by the News Watch/USD poll results, but added that he and other opponents would continue to try to educate the public about the dangers of marijuana and the negative effects of legalization before the vote. The South Dakota Medical Cannabis Program cannot provide legal advice to qualified patients regarding the effects of using cannabis for medical purposes. Qualified patients or others with legal problems should consult their own legal counsel. However, on February 8, 2021, a judge ruled in favor of a lawsuit arguing that Amendment A was unconstitutional because it violated a state subject`s rule for election measures. That prevented the legalization of recreational marijuana in South Dakota from going into effect until a higher court decision was made.
[24] The case was later challenged in the South Dakota Supreme Court, and the defendants filed their initial arguments on March 10, 2021. [25] 5. Get your medical marijuana card – Once approved, you`ll receive a medical card and can legally purchase up to 3 ounces of medical marijuana in South Dakota. Legalization proponents were quick to question the poll results, pointing out that previous polls and the 2020 election measure to legalize recreational marijuana use for adults both showed consistent support for legalization. “If I look a little deeper, I`ve found things that don`t make sense to me,” said Matthew Schweich, campaign manager for South Dakotans for Better Marijuana Laws. “Some of the numbers don`t really make sense and stand in stark contrast to previous data we`ve seen.” Cannabis in South Dakota has been available since Year 1. It became legal for medical purposes in July 2021, after being legalized by a voting initiative on November 3, 2020. [1] [2] Until then, cannabis was completely illegal, with South Dakota being the only U.S. state to ban the use of controlled substances. [3] A positive test for cannabis can be a crime. [4] South Dakota would have been the first state in U.S.
history to legalize recreational and medical cannabis at the same time, but an amendment to legalize recreational marijuana passed in the same election was rejected as unconstitutional the following February. The challenge alleged that the amendment violated Amendment Z, the “single subject rule.” The decision was appealed to the South Dakota Supreme Court, which upheld the lower court`s decision on Nov. 24, 2021. [5] On 24. In November 2021, the South Dakota Supreme Court ruled 4-1 that Amendment A was unconstitutional and struck down the legalization of recreational activities. This decision was made because the state stipulated that the proposed constitutional amendments should be only one matter. [26] Attempts to delay implementation of the medical marijuana program until January 2022 failed due to disagreements within the South Dakota state legislature; Medical marijuana therefore became legal in July 2021 within the deadlines set out in Measure 26 initiated. [6] [7] In particular, Schweich pointed out that some elements of the News Watch/USD survey do not align with previous indicators of support for legalization in South Dakota. For example, the News Watch/USD poll showed that 38.6 percent of respondents in the greater Sioux Falls area supported legalization and 58.0 percent opposed it. “When legalization comes, it will create a lot of jobs and a lot of new tax revenue for the state,” he said.
Schweich pointed out that during midterm elections, including the election scheduled for November 2022, the incumbent president`s party usually suffers, in this case President Joe Biden`s Democratic Party. In the News Watch/USD poll, 72.5 percent of Democrats support legalizing recreational marijuana, compared to just 23.8 percent of Republicans. “If you look at people who were undecided and those who have somewhat supported or opposed legalization, you see almost a third of people who haven`t made up their mind yet,” he said. “South Dakotanians have plenty of time to talk about this and determine whether it`s really time to stop wasting taxpayer money on the prosecution of minor marijuana offenses.” In the survey, 27.4% of respondents were strongly in favor of legalization and 16.4% were more likely to be in favor. At the same time, 39.4% strongly opposed legalization, while 15.0% were more likely to oppose it and 1.8% were unsure. Derby said he was somewhat surprised by the results of the News Watch/USD poll, which showed a majority against legalizing recreational marijuana. “I thought those numbers had been reversed,” he said. 2020 also saw a vote on South Dakota`s Amendment A, which would have legalized recreational marijuana use in South Dakota. [22] All states with a medical marijuana program have some restrictions on where a person can legally consume cannabis.
Near schools, kindergartens, parks or other places where children are expected, cannabis use is illegal. Cannabis use on or in the state or buildings, hospitals or other healthcare facilities is also illegal. Private member clubs and landowners may also prohibit or restrict cannabis use on their property at their discretion. South Dakota voters also passed the initiated measure,26 which legalized the medical use of marijuana, as well as the sale, supply, production and cultivation of cannabis for people with debilitating illnesses. Registered patients can possess up to 3 ounces of cannabis and six plants. The law came into force on July 21, 2021. 2020 – South Dakota makes history by becoming the first state to pass measures to legalize adult-use cannabis and medical cannabis in the same election. Both measures, which entered into force on July 1, 2021, were approved by voters with a majority of 69.9% for the measure initiated 26 and 54.2% for constitutional amendment A.
South Dakota would therefore have been the first state to move from a state of prohibition to a state of legalization, thus avoiding many of the hurdles that other states overcome in the legalization of cannabis. [23] Kinyon added that if the legalization of recreational marijuana leads to an increase in marijuana use among youth, the state could see lower academic performance and an increased risk of teen suicide. If passed by voters in November, Measure 27 would legalize up to one ounce of cannabis for adults aged 21 and older and allow home cultivation for up to three plants. In 2023, further legislation will be needed to strengthen the existing medical cannabis program and create a regulatory system for adult cannabis businesses. However, state campaign financial records show that recent efforts to promote Measure 27 initiated to legalize recreational marijuana are largely funded by government sources and local labor.