PIERRE, S.D. (July 7, 2021) – Last week, medical marijuana became legal in South Dakota despite ongoing federal cannabis prohibition
Voters overwhelmingly approved Measure 26 legalizing medical marijuana 69.2 percent to 38.8 percent during last November’s general election. The ballot measure establishes a medical marijuana program for patients with qualifying conditions. Patients will be able to possess up to three ounces of marijuana and can grow up to three plants. The measure also establishes a licensing program for commercial production of medical marijuana and sales through licensed dispensaries.
The state won’t begin issuing medical marijuana cards and state-licensed dispensaries won’t begin operating until next fall at the earliest, but as of July 1, medical marijuana users will enjoy some protection under the law, The South Dakota Department of Public Safety has issued guidelines law enforcement must follow when dealing with people who identify as medical marijuana patients. Police will not arrest individuals in possession of marijuana who meet certain qualifications. Under the guidelines, law enforcement “will not, at the scene of a stop or interaction, arrest a South Dakota resident who is unable to present an unexpired medical cannabis card,” as long each of the following apply.