SOUTH DAKOTA, CONSTITUTIONAL AMENDMENT A AND MEASURE 26
South Dakota voted to pass Amendment A that legalized recreational marijuana by a 54-46% of the vote. Measure 26 to legalize medical marijuana also passed, but by a wider 70 to 30% margin.
South Dakota legalization will become the law on July 1, 2021. The Department of Revenue will be charged with developing licensing regulations by April 1, 2022.
Home grow?
Measure 26: MIN 4 plants
Amendment A: 3 plants per adult, 6 per household IF you live in an area with no licensed retail store
Social Equity?
Bare Minimum Criteria Towards Restorative Justice:
Expungement? NO
Social Equity Provisions? NO
Portion of Taxes Allocated to Community? NO
Possession Rules
Measure 26: MAX 3 oz
Amendment A: MAX 1 oz
Licenses Available:
Amendment A:
License permitting to cultivate, process, manufacturer, transport and sell marijuana to marijuana wholesalers;
Licenses permitting independent marijuana testing facilities to analyze and certify the safety and potency of marijuana;
License permitting to package, process and prepare marijuana for transport and sale to retail sales outlets;
License permitting retail stores to sell and deliver marijuana to consumers.
Other types of licenses could be established by the department
Measure 26:
License for medical marijuana dispensaries would be regulated by South Dakota’s Department of Health. Local government may establish a limit to the number of medical cannabis establishments in its locality
License Windows
Amendment A states that by April 2022 the Department would have to issue the necessary regulations for procedures of licenses, renewal, suspension and revocation of licenses, including application, qualifications and fees.
Time periods could not exceed 90 days, by then the Department must have issued a response on the application, either accepting or rejecting it.
No statewide capped number of licenses – cities may govern their numbers.
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