South Dakota to Vote on Marijuana Legalization
South Dakota voters will have another chance to vote on marijuana legalization in the upcoming election. With the upcoming election, the debate over cannabis legalization is heating up once again. Here's what you need to know about South Dakota's current marijuana laws, previous attempts at legalization, and what the upcoming vote could mean for residents.
Current Legal Status
As of now, the consumption, possession, or sale of marijuana in South Dakota is legal for medical purposes only. Medical cannabis was legalized in 2020. However, even medical marijuana is subject to strict regulations. Patients must meet specific criteria to qualify, and there are limitations on the amount and types of products available. Under South Dakota marijuana law, qualifying medical conditions for medicinal marijuana include cachexia syndrome, severe epilepsy, and multiple sclerosis.
Previous Efforts
This isn't the first time South Dakota voters have been asked to weigh in on marijuana legalization. In fact, it will be the third time. The efforts began in the 2020 election when South Dakota voters initially approved Amendment A to legalize recreational marijuana. However, the state Supreme Court struck down the amendment, citing a technical issue with its inclusion of multiple topics.
Advocates and lawmakers have continued pushing for reform in response to this setback. In 2022, voters rejected yet another legalization ballot measure. Now, in 2024, the question will be posed to the public once more.
The Current Vote
The 2024 election presents a new opportunity for cannabis reform in South Dakota. Secretary of State Monae L. Johnson announced that her office had validated a petition for Initiated Measure 29, which will appear on the November 5, 2024, ballot. It was submitted by the advocacy group South Dakotans for Better Marijuana Laws (SDBML).
Under the 2024 ballot measure, adults aged 21 and older could possess up to 2 ounces of cannabis, 16 grams of cannabis concentrate, or 1,600 milligrams of THC. South Dakotans would be able to grow up to 6 plants for personal use.
Some details of the proposal include:
If South Dakota were to legalize the possession of up to 2 ounces of cannabis, which is presently considered a Class 1 misdemeanor punishable by up to a year in prison, the state could potentially save up to $600,000 each year in expenses related to cannabis-related incarcerations.
How Could This Affect Employer Drug Testing?
Currently, South Dakota does not have specific laws regulating employer drug testing, leaving businesses free to conduct marijuana screenings for applicants and employees. Additionally, South Dakota currently has an open drug testing policy, which means there are no specific laws controlling how employee drug screenings must be conducted. Many states with legal recreational marijuana still allow employers the discretion to drug test, so it's unlikely to see significant changes to South Dakota's current drug testing laws.
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