South Dakota Cannabis Legalization Guide (Constitutional Amendment A and Measure 26)

This November 2020 election, cannabis legalization initiatives will appear on the ballots of five states: Arizona, Mississippi, Montana, New Jersey, and South Dakota. Leading up to the November 3 elections, Canna Law Blog has published a series of posts centered on each of these state ballot initiatives, and the current laws surrounding cannabis in each state. Today, in the fifth and final post, we discuss the two cannabis measures that will be on the South Dakota ballot this November:

What are the current laws surrounding cannabis in South Dakota?

In South Dakota, the possession or consumption of any amount of cannabis is illegal. Additionally, cannabis is not decriminalized. Possession of any amount of cannabis is illegal and South Dakota is the only state with a “possession by ingestion” law, meaning that it is a criminal offense to test positive for an illicit drug.

In 2006, a measure that would have legalized medical cannabis failed to pass with a majority of 52 percent of South Dakota voters opposed. Another cannabis measure in 2010 failed by an even greater majority of 63 percent voters opposed. Since 2010, a cannabis initiative has not since appeared on the South Dakota ballot, making the

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