Hemp

South Dakota simply voted to legalize medical marijuana and grownup marijuana. Here is what occurs subsequent

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South Dakota voters just made history by legalizing medical marijuana and adult cannabis in one fell swoop. The recreational cannabis measure (constitutional amendment A) was passed with 52% of the votes and the medical measure (initiative 26) with 69% of the votes.

It is especially important that Amendment A was passed on top of the Medical Initiative, because if only the Medical Initiative had passed, it would likely have been phased out by the state’s conservative legislature. The protective measures set out in Amendment A prevent this.

In addition, constitutional amendment A requires the state to set up a legal hemp program.

Here’s what happens next.

Marijuana possession is illegal in South Dakota until July 1, 2021.

And it’s highly illegal in South Dakota. The state has some of the most draconian cannabis penalties in the nation. Don’t light a celebratory joint just yet.

When can I legally own marijuana?

Again: July 1st, 2021 is the magical date. As of this date, it is legal for all adults to own up to one ounce of cannabis flower.

How much marijuana can I legally own?

If it’s legal (and not until July 2021), all adults 21 and older can own a total of one ounce of cannabis (with no more than eight grams of it concentrated).

Medical patients can have up to three ounces of marijuana and an unlimited amount of plants.

After July 1, 2021, an adult can own up to three plants, with a maximum of six plants per household.

Medical patients with a government issued card can grow an unlimited number of plants.

However, be careful not to see these plants! Under CA-A, you could be hit with a $ 250 fine if your plants are visible to the public.

When can I apply for a medical marijuana card?

Probably next spring or summer.

The state’s medical program must enroll patients no later than July 1, 2021. Patients can get a temporary card that day, and the state health department has 140 days to issue permanent cards.

When can I buy medical marijuana?

It remains unclear when the first adult stores will open.

Although medical marijuana will technically be available for purchase on July 1, 2021, don’t expect many pharmacies to necessarily be in stock and ready to go that day.

When can I buy recreational marijuana?

It will take a while. Probably mid to late 2022.

The Treasury Department has until April 1, 2022 to enact rules and regulations for the program for adult use. However, it is unclear how long it will be after that date for stores to be operational.

Are Marijuana Sales Taxed?

Yes. Adult sales are taxed at 15%.

Medical sales are not taxed.

Which conditions qualify for a health card?

Initiative 26 enables residents with a wide variety of conditions to apply for a health card. Individuals with a “chronic or debilitating disease or medical condition or treatment” caused by one or more of the following causes:

Cachexia or wasteful syndrome, debilitating pain, nausea, and persistent muscle spasms, including those that are characteristic of multiple sclerosis

Can my city ban cannabis stores?

Local governments have the discretion to regulate or prohibit adult business. But they can’t ban medical marijuana dispensaries.

How many cannabis stores are licensed?

There are no license caps for medical marijuana dispensaries.

While there are no hard and fast licensing limits for adult businesses, Amendment A allows the Treasury Department to “issue enough licenses to significantly reduce the illegal production and sale of marijuana across the state. and, if necessary, limit the number of licenses issued to prevent unreasonable concentration of licenses in one municipality. “

Can I have my previous cannabis conviction erased?

Not at the moment.

Neither initiative contains language on extinction, despite South Dakota’s extreme anti-marijuana laws.

The legislature can initiate a deletion procedure at will. This requires some legal work.

Can I be fired for legal marijuana use?

Yes. Unless you are a medical patient with a government-issued medical card, nothing in the law prevents employers from dismissing employees suspected of legally using cannabis in their free time.

Medical patients can have some protection. Initiative 26 states: “A registered qualified patient using cannabis for medicinal purposes is granted the same rights under state and local law … in relation to: Any interaction with an individual’s employer.”

Max Savage Levenson

Max Savage Levenson probably has the lowest cannabis tolerance of any writer on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other people with glasses. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.

Show article by Max Savage Levenson

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Beth Edmonds