With the passing of both the Marijuana Legalization Initiative and Medical Marijuana Initiative, South Dakota still has a lot of legal guidelines yet to be established. The legislation itself will go into effect on July 1, 2021, with much more do be done. Never before has a state set out to establish two systems at the same time, so it will be interesting to watch how the state’s cannabis landscape progresses. State regulators have until April 1, 2022 to finalize rules so stay tuned for updates.

Possession

Starting July 1, 2021, adults 21 and older may possess up to one ounce of marijuana or eight grams of concentrate. Medical marijuana patients may possess up to three ounces of marijuana.

Purchasing Limits

Purchasing limits have not yet been set, however, they are expected to closely follow the possession limits in the state.

Consumption

In short, cannabis can only be legally consumed in South Dakota in a private residence, away from public view. Additionally, the law highlights prohibition of possession or consumption in the following places:

Restricted Cannabis Possession & Consumption Areas:

  • Any location where smoking tobacco is prohibited
  • In a school bus
  • On school grounds (public or private)
  • On the grounds of any correctional facility

Driving Under the Influence

The new cannabis regulations state that, while cannabis has been legalized, “operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana,” and “consumption of marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is being operated, or smoking marijuana within a motor vehicle, aircraft, motorboat, or other motorized form of transport, while it is being operated,” all still remain illegal.

Basically, yes, you can still get busted for DUI in South Dakota regardless of the legalization laws. Don’t drive high.

Medical Marijuana in South Dakota

To qualify for medical marijuana in South Dakota, a person must have a debilitating medical condition, which the state defines as, “A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:”

Qualifying Medical Marijuana Conditions:

  • Cachexia or wasting syndrome
  • Seizures
  • Severe, debilitating pain
  • Severe nausea
  • Severe and persistent muscle spasms, including, those characteristic of multiple sclerosis
  • Any other medical condition or its treatment added by the department.

Out-of-State Reciprocity

According to regulations of Initiated Measure 26, “non-residents may use out-of-state registration cards.” The measure notes that a nonresident cardholder must, “submit any documentation required by the department, and has to receive confirmation of registration.” What this process might require has not yet been established.

Where to Get Marijuana In South Dakota

Unfortunately, it will likely be some time before cannabis can be purchased from either a medical or recreational dispensary. Currently, no form of legalized cannabis is available. Under Constitutional Amendment A, final regulations and guidelines must be set by April 1, 2022.

Cultivation

South Dakota residents aged 21 and older may grow up to three marijuana plants if, and only if, their private residence is located within the jurisdiction of a local government where there is no licensed retail store where marijuana is available for purchase.

The plants and any marijuana produced by the plants in excess of one ounce must be stored at one private residence, in a locked space, not visible by normal, unaided vision from a public place. No more than six plants may be grown in private residence at one time.

According to the Medical Marijuana Initiative, patients registered to cultivate marijuana at home could grow three plants at minimum, or a greater amount as prescribed by a physician. The “minimum” requirement here is not yet well defined.

Delivery

Constitutional Amendment A allows for the creation of delivery licenses, however no further details are currently known.

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