South Dakota

South Dakota Cannabis Business Licenses

WHAT IS SOUTH DAKOTA CURRENT CANNABIS MARKET STATUS?

South Dakota’s cannabis landscape could be changing drastically this year. There are two initiatives on the state's ballot in November 2020, both pertaining to the legalization and uses of medical cannabis. Currently, cannabis is illegal for all purposes; possession is illegal for all amounts and considered a criminal offense. South Dakota is also the only state where testing positive for cannabis in a drug test is a misdemeanor and grounds for prosecution.

WHAT ARE SOUTH DAKOTA'S CANNABIS LAWS?

As cannabis is widely illegal in the state, there are no laws pertaining to legal cannabis usage or cultivation in South Dakota. However, in November, citizens of South Dakota will vote on two measures to legalize medical cannabis in certain capacities.

The first initiative is Initiated Measure 26, led by New Approach South Dakota, which will create a medical cannabis program for qualifying patients. Patients would be diagnosed and approved for cannabis treatments by physicians and would be allowed to possess three ounces and grow up to three plants. The program would be overseen by South Dakota’s Department of Health.

The second initiative is Constitutional Amendment A, which would legalize cannabis cultivation and selling for adults over 21. People who qualify can cultivate up to three plants and sell up to an ounce, only if there are no retail sales outlets in their local area. The amendment also requires the state to legalize the sale of hemp and create a medical cannabis program by April of 2022.

WHAT IS SOUTH DAKOTA'S CANNABIS LICENSING TIMELINE & CANNABIS APPLICATION PROCESS?

South Dakota is not accepting cannabis applications currently.

WHAT IS THE HISTORY OF CANNABIS IN SOUTH DAKOTA?

Like many states, South Dakota outlawed cannabis during a wave of cannabis prohibition in the 1930s. Cannabis remains illegal throughout the state for all types of usage and possession. Many attempts have been made to decriminalize cannabis use/possession, but all efforts eventually failed or were quickly repealed.

In 2018, there was an attempt to include a ballot initiative to legalize a medical cannabis program, but organizers failed to collect enough signatures in time for the ballot.

In 2020, two initiatives made the November 2020 ballot, both of which involve legalizing a medical cannabis program.

DOES SOUTH DAKOTA HAVE A HEMP PROGRAM?

Coming soon!

ARE YOU PREPARING FOR THE SOUTH DAKOTA CANNABIS MARKET?

Though cannabis is not yet legal in South Dakota, its cannabis industry could change drastically this year. It’s always advantageous to stay ahead of the curve! Point7 has the resources and knowledge needed to ensure an applicant is prepared and stands out to application reviewers. Email today to schedule a call with a dedicated Point7 team member.

 

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