Cannabis in South Dakota

Last updated

South Dakota's Medical Marijuana Universal Symbol IICPS Marijuana Symbol.png
South Dakota's Medical Marijuana Universal Symbol

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. [1] [2] Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. [3] Testing positive for cannabis can be a misdemeanor offense. [4] South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed 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 November 24, 2021. [5]

Contents

Attempts to delay the implementation of the medical marijuana program to January 2022 failed due to disagreements in the South Dakota state legislature; medical marijuana therefore became legal in July 2021 under the timeframe established in Initiated Measure 26. [6] [7]

South Dakota has one of the harshest cannabis laws in the United States. Possession of any amounts of edibles, hash, and concentrates is a Class 4 felony, punishable by up to 10 years in prison and a fine of up to $20,000. [8] [9]

History

Prohibition (1931)

As part of a larger trend nationwide to restrict cannabis, South Dakota banned the drug in 1931. [10]

Decriminalization and repeal (1977)

In 1977, during a short-lived wave of decriminalization in the country, South Dakota decriminalized cannabis, but repealed that law "almost immediately" afterward. [11]

Reform

Medical cannabis attempts (2006–2015)

Ballot initiatives to legalize medical marijuana appeared on the 2006 and 2010 election ballots in South Dakota, but failed both times. The 2006 initiative lost 52%-47%, while the 2010 initiative lost 63%-36%. [12] [13] Cannabis activist Emmett Reistroffer commented that the decrease of support in 2010 was due in part to the rise of the Tea Party movement and the presence of an anti-cigarette smoking bill on the same ballot. [14]

In mid-2015, there was an effort to place yet another ballot initiative on the 2016 election to legalize medical marijuana, but unlike in 2006 and 2010, the Marijuana Policy Project did not anticipate financially supporting the initiative due to strong cannabis campaigns in other states requiring attention for that election. [15]

Decriminalization attempt

In mid-2015, South Dakotans Against Prohibition (SDAP) began circulating petitions to put decriminalization of marijuana on the November 2016 ballot, reclassifying possession of 1 ounce (28 g) or less a civil, rather than criminal, infraction, and remove penalties for paraphernalia and consumption. [16] However, SDAP failed to gather the 13,871 signatures necessary to place an initiated measure on the ballot [17] and stated it would withdraw its petition. [18]

2018 medical cannabis ballot initiative

In November 2017, activists turned in over 15,000 signatures, narrowly meeting valid signature requirements, in order to place medical cannabis on the 2018 ballot. [19] The initiative failed to make the ballot due to an insufficient number of valid signatures. [20]

2020 cannabis ballot initiative

South Dakota Initiated Measure 26 was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. [21]

A vote on South Dakota Constitutional Amendment A was also held in 2020, which would have legalized the use of recreational marijuana in South Dakota. [22]

Both measures, coming in effect on July 1, 2021, were passed by voters with a 69.9% margin in favor for Initiated Measure 26 and 54.2% for Constitutional Amendment A, respectively. South Dakota therefore would have become the first state to go from a prohibition state to a legalization state, leapfrogging their way around many obstacles that other states go through to legalize cannabis. [23]

However, on February 8, 2021, a judge ruled in favor of a lawsuit that argued Amendment A was unconstitutional due to violating the state's single-subject rule for ballot measures. This prevented the legalization of recreational marijuana in South Dakota from going into effect, pending a higher court's decision. [24] The case was subsequently appealed to the South Dakota Supreme Court, and the defendants submitted their initial arguments on March 10, 2021. [25]

On November 24, 2021, the South Dakota Supreme Court ruled 4-1 that the Amendment A was unconstitutional, striking down recreational legalization. This decision was reached because of the state's rule requiring proposed constitutional amendments to be single-subject only. [26]

2022 cannabis ballot initiative

In May 2022, pro-legalization activists in South Dakota collected and submitted enough signatures to put legalization on the November ballot (South Dakota Initiated Measure 27). The group South Dakotans for Better Marijuana Laws (SDBML) organized the petition drive. [27] In the November 2022 election, the initiative was rejected with 52.92% voting no. [28]

Recreational legalization on the Flandreau Santee Sioux Tribe reservation

In mid-2015, the Flandreau Santee Sioux Tribe, located in eastern South Dakota, stated their intent to begin growing cannabis on one authorized site on their reservation, and commenced selling the product on 1 January 2016, following a vote of tribal authorities which decided 5–1 to legalize cannabis. [29] Facing legal uncertainties, the tribe destroyed millions of dollars worth of marijuana on November 7, 2015. [30]

Related Research Articles

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to move marijuana to the less-restrictive Schedule III.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Montana</span> Legality, use and culture of cannabis in the U.S. state of Montana

Cannabis in Montana has been legal for both medical and recreational use since January 1, 2021, when Initiative 190 went into effect. Prior to the November 2020 initiative, marijuana was illegal for recreational use starting in 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, revising the 2004 law and allowing providers to service more than three patients. In May 2023, numerous further bills on cannabis legalization and other related purposes passed the Montana Legislature. The Governor of Montana is yet to either sign or veto the bill.

<span class="mw-page-title-main">Cannabis in Arkansas</span> Legal status

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

<span class="mw-page-title-main">Cannabis in North Dakota</span> Legality, use and culture of cannabis in the U.S. state of North Dakota

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">2016 California Proposition 64</span> Referendum on recreational cannabis

The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.

The Arkansas Medical Cannabis Act (AMCA) is a ballot measure that initially qualified for the ballot in Arkansas but was disqualified by the Arkansas Supreme Court 12 days before the November 8, 2016 election. A separate measure to legalize medical cannabis, the Arkansas Medical Marijuana Amendment, also qualified for the 2016 ballot and was approved by voters.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Florida</span> Overview of the use and culture of cannabis in Florida, U.S.

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

<span class="mw-page-title-main">Cannabis in Ohio</span> Legality, use and culture of cannabis in the U.S. state of Ohio

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">2020 South Dakota Measure 26</span> Ballot measure legalizing medical marijuana

South Dakota Initiated Measure 26 was a 2020 voter initiative to legalize medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. The sponsor of the initiative was New Approach South Dakota, a volunteer group headed by Melissa Mentele. The group had unsuccessfully tried to get an initiative on the 2018 ballot. Polling in September 2020 indicated 70% voter support for the initiative.

<span class="mw-page-title-main">2020 Montana Initiative 190</span> 2020 cannabis legalization ballot measure

Montana I-190, the Montana Marijuana Legalization and Tax Initiative was a cannabis legalization initiative that appeared on the November 3, 2020 Montana general election ballot. Passing with 57% approval, the initiative legalized recreational marijuana in the state effective January 1, 2021. Along with Arizona, New Jersey and South Dakota, Montana was one of four states that legalized cannabis via ballot measures in the November 2020 election.

<span class="mw-page-title-main">2020 Arizona Proposition 207</span>

Arizona Proposition 207 was a voter initiative that appeared on the November 3, 2020, Arizona general election ballot to legalize cannabis for recreational use. Passing with 60% of the vote, the initiative legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and personal cultivation of up to six plants. Along with Montana, New Jersey and South Dakota, Arizona is one of four states that legalized recreational marijuana via ballot measures in 2020.

<span class="mw-page-title-main">2020 South Dakota elections</span>

South Dakota state elections in 2020 were held on Tuesday, November 3, 2020. Its primary elections were held on June 2, 2020.

<span class="mw-page-title-main">2020 South Dakota Amendment A</span>

South Dakota Constitutional Amendment A, the Marijuana Legalization Initiative, was a cannabis legalization initiative that appeared on the November 3, 2020 South Dakota general election ballot. Passing with 54% of the vote, the measure would have legalized recreational marijuana in South Dakota effective July 1, 2021. Additionally, Amendment A required the South Dakota State Legislature to establish a medical marijuana program and legal hemp sales by April 1, 2022.

<span class="mw-page-title-main">2022 Missouri marijuana legalization initiative</span>

2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.

<span class="mw-page-title-main">South Dakota Initiated Measure 27</span>

South Dakota Initiated Measure 27 was a 2022 voter initiative to legalize non-medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2022 ballot on May 25, 2022. South Dakotans for Better Marijuana Laws (SDBML) organized the petition drive, and it was opposed by Protecting South Dakota Kids.

<span class="mw-page-title-main">2023 Oklahoma State Question 820</span>

Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in the U.S. state of Oklahoma. It would have placed Oklahoma Medical Marijuana Authority in charge of business regulation. It appeared on the March 7, 2023 in a special election to consider this single State Question. Governor Kevin Stitt, who opposed the measure, set the special election in a successful attempt to limit voter turnout.

Florida Amendment 3, officially titled "Adult Personal Use of Marijuana", is a voter initiative that will appear on the 2024 ballot. It would amend the state constitution to legalize cannabis in the state of Florida.

References

  1. ↑ Sneve, Joe (November 3, 2020). "South Dakotans vote to legalize medical marijuana". Argus Leader . Archived from the original on November 4, 2020. Retrieved November 4, 2020.
  2. ↑ Sneve, Joe (November 3, 2020). "Recreational marijuana passes in South Dakota". Argus Leader . Archived from the original on November 4, 2020. Retrieved November 4, 2020.
  3. ↑ Gross, Scott (February 5, 2017). "Only in South Dakota, possession by ingestion". KOTA-TV . Retrieved December 9, 2017.
  4. ↑ Walker, Mark (May 5, 2016). "Report: S.D. drug laws hurt prison reform efforts". Argus Leader . Retrieved December 9, 2017.
  5. ↑ The Associated Press (November 24, 2021). "South Dakota's Supreme Court rules against legalization of recreational marijuana". NPR. Retrieved February 6, 2022.
  6. ↑ "Senators make SD's medical marijuana plan somewhat more complex and return it to House | KELOLAND.com". March 10, 2021. Archived from the original on March 10, 2021.
  7. ↑ Vondracek, Christopher (March 10, 2021). "With South Dakota lawmakers at impasse, medical marijuana program approved by voters in November looking more viable". grandforksherald.com. Archived from the original on March 11, 2021.
  8. ↑ "Did you know possession of THC edibles is still a felony in SD?". Kolbeck Law Office. March 11, 2019. Retrieved May 16, 2021.
  9. ↑ "South Dakota Laws and Penalties". NORML. Retrieved May 16, 2021.
  10. ↑ Richard Davenport-Hines (November 10, 2003). The Pursuit of Oblivion: A Global History of Narcotics. W.W. Norton. pp. 240–. ISBN   978-0-393-32545-4.
  11. ↑ David R. Bewley-Taylor (March 22, 2012). International Drug Control: Consensus Fractured. Cambridge University Press. pp. 169–. ISBN   978-1-107-37907-7.
  12. ↑ "South Dakota Medical Marijuana, Initiative 4 (2006)". ballotpedia.org.
  13. ↑ "South Dakota Medical Marijuana, Initiative 13 (2010)". ballotpedia.org.
  14. ↑ "Medical marijuana gains a strategy in S.D." Argus Leader. November 23, 2014.
  15. ↑ Seth Tupper Journal staff. "Medical marijuana: a look at ballot's chances of passage in South Dakota". Rapid City Journal.
  16. ↑ Kevin Burbach, Associated Press (July 30, 2015). "Campaign to ease South Dakota marijuana laws kicks off". Argus Leader.
  17. ↑ Kevin Larsen, KCCR Radio (November 1, 2015). "Campaign To Ease South Dakota Marijuana Law Fails To Reach Required Signatures". KCCR Radio. Archived from the original on March 4, 2016. Retrieved November 8, 2015.
  18. ↑ Anndrea Anderson (November 5, 2015). "Ballot Petitions: Some Turned In, Some Still Circulating, One Withdrawn". KDLT TV.
  19. ↑ "1 of 3 marijuana initiatives passes first hurdle for South Dakota 2018 ballot". The Cannabist. November 7, 2017.
  20. ↑ "South Dakota Medical Marijuana Initiative (2018)". Ballotpedia.
  21. ↑ South Dakota Initiated Measure 26, Medical Marijuana Initiative (2020), Ballotpedia. Accessed December 20, 2019
  22. ↑ "South Dakota voters will decide whether or not to legalize marijuana in the state". Keloland. Retrieved October 30, 2020. South Dakota voters will decide whether or not to legalize marijuana in the state.
  23. ↑ "Voters in NJ, Arizona, three other states legalize potential $2.5 billion-plus marijuana markets". Marijuana Business Daily. November 4, 2020. Retrieved November 4, 2020. South Dakota made history Tuesday when it became the first state to legalize both medical and adult-use marijuana on the same day.
  24. ↑ "South Dakota judge rejects amendment legalizing marijuana". Associated Press . February 8, 2021. Archived from the original on February 8, 2021.
  25. ↑ "Pot advocates make first arguments in Supreme Court appeal". Archived from the original on March 11, 2021.
  26. ↑ "South Dakota's Supreme Court rules against legalization of recreational marijuana". NPR. November 24, 2021.
  27. ↑ Jaeger, Kyle (May 3, 2022). "South Dakota Activists Turn In Signatures To Put Marijuana Legalization On The Ballot". Marijuana Moment. Retrieved May 3, 2022.
  28. ↑ Kang, Taiyler S. Mitchell, Tim Paradis, Hanna. "Results: South Dakota voters reject the legalization of marijuana use for adults". Business Insider. Retrieved May 23, 2023.{{cite web}}: CS1 maint: multiple names: authors list (link)
  29. ↑ Garcia, Regina (June 17, 2015). "South Dakota Indian tribe plans to sell marijuana by Jan. 1". Thecannabist.co. Retrieved July 12, 2015.
  30. ↑ "Developing: Santee Sioux Tribe Burning Millions In Marijuana". KELO-TV. November 7, 2015. Retrieved November 7, 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.