South Dakota Faces Delays On Rights To Grow

South Dakota made headlines in 2020 when voters approved both medical and recreational cannabis legalization. However, the implementation of these laws has faced delays, particularly concerning recreational cannabis. The state’s Medical Marijuana Program is already in effect, and home cultivation is allowed for patients with a qualifying medical condition (up to three plants for personal use). For recreational use, South Dakota voters approved the legalization, but the state’s Supreme Court struck down the law in 2021. The legislature is now working on a new version, and there's strong public support to allow home cultivation as part of the future recreational program. Efforts to pass updated recreational laws are ongoing, and home cultivation is likely to be included.

Timeline of Cannabis Legalization in South Dakota

1. 2018 - Medical Cannabis Approved by Voters: In November 2018, South Dakota voters approved Initiated Measure 26, which legalized medical marijuana. This law allows patients with qualifying conditions to use and possess medical cannabis, with a doctor’s recommendation. The approval of this measure made South Dakota one of the last states in the U.S. to approve medical cannabis. However, the law did not include home cultivation rights for patients—patients must purchase cannabis from state-licensed dispensaries.
2. 2020 - Both Recreational and Medical Cannabis Legalization Passed by Voters: In November 2020, South Dakota made history by becoming the first state to approve both recreational and medical cannabis legalization in a single election. Amendment A, which legalized recreational cannabis for adults 21 and older, passed with 54% of the vote. Simultaneously, Initiated Measure 26 legalized medical cannabis.
3. Legal Challenges and Setbacks: While the passage of these two laws seemed like a monumental shift for South Dakota, things took a turn soon after. In early 2021, South Dakota’s Supreme Court struck down Amendment A (the recreational cannabis law), ruling that it violated the state’s constitution by addressing multiple issues in a single measure. This decision effectively nullified the recreational cannabis law passed by voters, leaving the state with only medical cannabis legalization.
4. As a result, the state legislature and Governor Kristi Noem's administration started focusing on developing a new framework for medical cannabis, as well as attempting to reintroduce recreational cannabis legislation.
5. 2021 - Medical Cannabis Program Rollout: Despite the setback with recreational cannabis, South Dakota’s medical cannabis program was still underway. By 2021, the state began issuing medical cannabis cards to qualified patients, and dispensaries started to open in 2022. South Dakota allows medical cannabis patients to possess up to 3 ounces of cannabis and purchase medical marijuana from licensed dispensaries. Home cultivation is not allowed under the medical cannabis law, which has been a point of contention among advocates for patients' rights.
6. 2022 - Push for Recreational Cannabis Returns: In 2022, efforts to introduce recreational cannabis legislation began again. There were debates in the state legislature about reintroducing recreational cannabis via a constitutional amendment or through the legislature itself. However, due to ongoing opposition, including from Governor Kristi Noem, who has been a vocal critic of recreational cannabis legalization, these efforts stalled.
7. In 2022, the state did pass SB 3, a law that allows medical cannabis patients to cultivate cannabis at home for personal use, but only under strict conditions. The law allows patients to grow up to three plants at home but includes significant restrictions, including the requirement that the plants be grown in a locked, secure area and that they only be for personal use.

Current Status (2024)

As of 2024, South Dakota’s cannabis laws are still evolving. Here are the key points:

• Medical Cannabis: Medical cannabis is legal in South Dakota, and the program is up and running. Patients with qualifying conditions can purchase cannabis from licensed dispensaries. The state does not allow home cultivation for medical patients unless the law has been recently amended (as of 2022, home cultivation is allowed under certain restrictions, like having three plants).
• Recreational Cannabis: Recreational cannabis remains illegal in South Dakota for now. Although voters approved it in 2020, the state’s Supreme Court struck down Amendment A, leaving the state without legal recreational cannabis. The state legislature has not yet passed a new law to allow recreational use, and efforts to bring the issue back to voters have faced resistance.

What’s Next for South Dakota?

1. Recreational Cannabis Legalization Efforts: There is still strong support for legalizing recreational cannabis in South Dakota, and discussions around it continue. Advocates are hoping that a new measure will be proposed and passed in the coming years. However, as of 2024, Governor Kristi Noem remains one of the key opponents to the legalization of recreational cannabis, and there has been no indication that the legislature will approve recreational cannabis in the near future.
2. Future of Medical Cannabis: While the medical cannabis program is up and running, patients in South Dakota have limited access to the drug, especially due to the lack of home cultivation. There are calls for expanding the program to include more qualifying conditions, reducing regulatory burdens, and offering greater access to cannabis products. Some are pushing for greater flexibility with home cultivation and expanding dispensary options across the state.
3. Public Opinion: Public opinion on cannabis legalization in South Dakota is gradually shifting. A 2021 poll indicated that a majority of South Dakotans support some form of cannabis legalization, whether for medical or recreational use. As more states continue to legalize cannabis, pressure is mounting on South Dakota lawmakers to reconsider the issue.