Is cannabis legal in South Dakota, United States?
In South Dakota, both recreational and medical cannabis use are currently illegal. However, recent developments suggest that changes to the state’s cannabis laws may be on the horizon. In November 2020, South Dakota voters approved two separate ballot measures: Initiated Measure 26 (IM 26) to legalize medical cannabis and Amendment A to legalize recreational cannabis for adults 21 and older. Despite the public’s support, the state’s legal recreational cannabis program has faced legal challenges and has not been implemented yet. Medical cannabis, on the other hand, became legal on July 1, 2021, but the state’s program is still in development.
What is the public opinion on cannabis in South Dakota, United States?
The approval of both IM 26 and Amendment A during the 2020 election indicates a shift in public opinion towards the legalization of cannabis in South Dakota. The majority of voters supported the measures, demonstrating growing acceptance of cannabis for both medical and recreational purposes. However, there remains some opposition from various groups, including law enforcement and certain government officials.
What are the penalties and enforcement in South Dakota, United States?
Despite the ongoing efforts to legalize cannabis in South Dakota, current state law still classifies marijuana as a Schedule I controlled substance. Penalties for possession, distribution, and cultivation of cannabis in South Dakota include:
- Possession: Possession of up to 2 ounces is a Class 1 misdemeanor, punishable by up to 1 year in jail and a $2,000 fine. Possession of more than 2 ounces is a felony with varying penalties based on the amount.
- Distribution: Selling or distributing any amount of cannabis is a felony, with penalties ranging from 1 year in jail and a $4,000 fine to 15 years in prison and a $30,000 fine, depending on the quantity involved.
- Cultivation: Growing any amount of cannabis plants is a felony, with penalties similar to those for distribution.
What is cannabis called in South Dakota, United States?
In South Dakota, cannabis is commonly referred to as marijuana, pot, weed, or bud. Medical cannabis may also be called medical marijuana or medicinal cannabis.
Is CBD legal in South Dakota, United States?
Yes, CBD derived from hemp is legal in South Dakota, provided it contains less than 0.3% THC. In 2019, South Dakota passed Senate Bill 22, which removed hemp-derived CBD from the state’s list of controlled substances. However, CBD derived from marijuana remains illegal.
Is medical cannabis legal in South Dakota, United States?
As of July 1, 2021, medical cannabis is legal in South Dakota. However, the state’s medical cannabis program is still being developed, and it is not yet operational. The South Dakota Department of Health is responsible for implementing the program, including the establishment of regulations, licensing procedures, and patient registration.
Can I grow marijuana in South Dakota, United States?
Currently, growing marijuana in South Dakota is illegal. While IM 26 allows for the cultivation of cannabis for medical purposes, the state’s medical cannabis program is not yet operational, and no cultivation licenses have been issued. Cultivating marijuana for recreational purposes remains illegal, even though Amendment A was approved by voters.
What are some helpful links, government laws, and resources in South Dakota, United States?
- Initiated Measure 26 (IM 26) – Legalize Medical Marijuana
- Amendment A – Legalize Recreational Marijuana
- South Dakota Department of Health – Medical Cannabis
- South Dakota Codified Laws – Chapter 22-42: Controlled Substances