Attempts to delay implementation of the medical marijuana program until January 2022 have failed due to disagreements within the South Dakota state legislature. Medical marijuana therefore became legal in July 2021 within the deadlines set out in Measure 26 initiated. [6] [7] Both measures, which entered into force on 1 July 2021, were approved by voters with a majority of 69.9% for the measure initiated 26 and 54.2% for constitutional amendment A. South Dakota would therefore have been the first state to move from a state of prohibition to a state of legalization, thus avoiding many of the hurdles that other states overcome in the legalization of cannabis. [23] The best-known method of possession is actual material possession. An example of actual physical possession is when a person has drugs on them, such as in their pockets or personal belongings. This may also apply to items that contain drug residue such as a pipe or other drug paraphernalia. They can always be charged separately for utensils. On November 24, 2021, the South Dakota Supreme Court ruled 4-1 that Amendment A was unconstitutional and struck down the legalization of recreational activities. This decision was made because the state stipulated that the proposed constitutional amendments should be only one matter. [26] If you are stopped by law enforcement, always remember that there are three ways for the state to claim possession of controlled substances or drugs in South Dakota.
Remember that drug possession requires you to know what the drug is and that it exists. You must also intend to possess the drug and be aware of your possession. In some circumstances, ownership may even be shared with others. Learn about potential legal penalties if you or a family member faces a court date for drug allegations in South Dakota. 2020 also saw a vote on South Dakota`s Amendment A, which would have legalized recreational marijuana use in South Dakota. [22] Another common type of possession is implied possession. This happens in scenarios where a person controls drugs or where drugs are found. Constructive property most often occurs when several people share a place such as rooms, houses, and vehicles.
If multiple types of controlled substances or drugs are found in a particular location, you may be charged for each type of drug found. Although some states have legalized the recreational and medical use of marijuana, it is still illegal under federal law. A first conviction is punishable by up to one (1) year in prison and a fine of $1,000. A second possession offence is punishable by a minimum term of imprisonment of 15 days, a maximum of two (2) years` imprisonment and a fine of up to $2,500. A third and subsequent offences are punishable by a minimum term of imprisonment of 90 days, a maximum of three years and a fine of $5,000. More: Should drugs be a crime in your system in South Dakota? Lawmakers are beginning to study admission. In general, legalization means a policy that supports a legally controlled market for marijuana where consumers can purchase marijuana for personal use from a safe legal source. Note: State marijuana laws are constantly changing: contact a drug crime attorney in South Dakota or do your own legal research to review the state laws you`re looking for. In May 2022, pro-legalization activists in South Dakota collected and submitted enough signatures to put legalization on the November ballot. The South Dakotans for Better Marijuana Laws (SDBML) organized the petition campaign. [27] Cannabis in South Dakota has been legal for medical purposes since July 1, 2021, after being legalized by a ballot initiative on November 3, 2020.
[1] [2] Until then, cannabis was completely illegal, with South Dakota being the only U.S. state to ban the use of controlled substances. [3] A positive test for cannabis can be a crime. [4] South Dakota would have been the first state in U.S. history to legalize recreational and medical cannabis at the same time, but an amendment to legalize recreational marijuana passed in the same election was rejected as unconstitutional the following February. The challenge alleged that the amendment violated Amendment Z, the “single subject rule.” The decision was appealed to the South Dakota Supreme Court, which upheld the lower court`s decision on Nov. 24, 2021. [5] The third type of possession is possession by income. Currently, South Dakota is the only remaining state in the country that criminalizes possession of a drug in your body. This type of possession simply results from the fact that there are metabolites of a drug in your system. Because of the metabolites, the idea is that you have the drugs in an altered state in your body. These metabolites are usually examined by blood, hair follicle and urine tests.
Possession by ingestion can potentially result in misdemeanors or offenses, depending on the type of drug or controlled substance allegedly in your body. Campaign initiatives to legalize medical marijuana appeared on South Dakota ballots in 2006 and 2010, but failed both times. The 2006 initiative lost 52% to 47%, while the 2010 initiative lost 63% to 36%. [12] [13] Cannabis activist Emmett Reistroffer commented that the decline in support in 2010 was partly due to the rise of the Tea Party movement and the presence of an anti-smoking law on the same ballot. [14] In mid-2015, there were efforts to conduct another voting initiative to legalize medical marijuana for the 2016 election, but unlike in 2006 and 2010, the Marijuana Policy Project did not expect to fund the initiative because strong cannabis campaigns in other states required special attention for this election. [15] However, on February 8, 2021, a judge ruled in favor of a lawsuit arguing that Amendment A was unconstitutional because it violated the state`s single-subject rule for election measures. That prevented the legalization of recreational marijuana in South Dakota from going into effect until a higher court decision was made. [24] The case was later challenged in the South Dakota Supreme Court, and the defendants filed their initial arguments on March 10, 2021. [25]. The sale and cultivation of marijuana is subject to even higher fines and penalties under federal law.
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