Draft legislation would replace medical marijuana for full legalization in South Dakota

Published: Oct. 18, 2021 at 5:26 PM CDT
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SIOUX FALLS, S.D. (Dakota News Now) - A South Dakota subcommittee will consider draft legislation Tuesday that would repeal the state’s latest medical marijuana law and instead legalize recreational use for adults.

The Adult-Use Marijuana Study Subcommittee spent the summer studying adult-use marijuana policy and is scheduled to consider draft legislation, beginning at 8:30 am Tuesday.

The drafted legislation would legalize possessing up to 1 ounce of marijuana and up to 22 grams of marijuana concentrate for recreational use by anyone 21 and older. The South Dakota Department of Revenue would oversee commercial ventures into cultivation and retail businesses. Personal grow operations would remain illegal.

The legislation would also repeal the state’s medical marijuana law that went into effect July 1. The South Dakota Department of Health would continue issuing medical cards to qualifying patients under 21.

Governor Kristi Noem’s administration brought on a lawsuit that suspended the implementation of Amendment A. The case is currently awaiting judgment from the South Dakota Supreme Court. The hearing was on April 28 but a ruling has not been issuing.

As South Dakotans wait for a decision from the South Dakota Supreme Court on recreational marijuana, supporters are looking ahead.

The Secretary of State approved a proposed 2022 cannabis legalization initiative for signature gathering.

The ballot initiative would make legalize marijuana for adults aged 21 and older.

To qualify for next November’s ballot organizers must collect just under 17,000 valid signatures from South Dakota voters by November 8th.

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