Follow Ballotpedia. Click here to follow election results! It was approved. A "yes" vote supported establishing a medical marijuana program in South Dakota for individuals with a debilitating medical condition. A "no" vote opposed establishing a medical marijuana program in South Dakota for individuals with a debilitating medical condition. The IM 26 task force met on July 7, , to discuss rules and regulations for implementing the program. On October 26, , the state legislature's Rules Review Committee voted to adopt rules for medical marijuana in the state.
The measure established a medical marijuana program in South Dakota for individuals who have a debilitating medical condition as certified by a physician. Under the measure, patients are allowed to possess a maximum of three ounces of marijuana. Limits on the amount of cannabis products a person may possess would be set by the Department of Health.
According to the measure, patients registered to cultivate marijuana at home could grow three plants at minimum, or another amount as prescribed by a physician. Proponents reported submitting more than 30, signatures on November 4, Constitutional Amendment A was also on the ballot in South Dakota.
It legalized recreational marijuana. South Dakota was the first state to vote on recreational and medical marijuana at the same election. As of 33 states and Washington, D. Additionally, 13 states had legalized the use of cannabis oil, or cannabidiol CBD —one of the non-psychoactive ingredients found in marijuana—for medical purposes. The federal government has classified marijuana as an illegal controlled substance since As of , the possession, purchase, and sale of marijuana were illegal under federal law.
The measure established a medical marijuana program in South Dakota for individuals who have a debilitating medical condition and are certified by a physician.
Under the measure, a debilitating medical condition means, "A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
Under the measure, patients may possess a maximum of three ounces of marijuana. The Department of Health is required to establish a limit on the quantity of cannabis products a person may possess.
According to the measure, patients registered to cultivate marijuana at home can grow three plants at minimum, or another amount as prescribed by a physician. The measure requires the Department of Health, no later than days after the effective date of the initiative, to enact rules related to implementing South Dakota's medical marijuana program.
Since ballot measures in South Dakota take effect on July 1 following completion of the official canvass by the State Canvassing Board, days after the measure's expected effective date of July 1, , is October 29, The Department of Health was required under the measure to issue registry identification cards to qualified patients no later than days after the effective date of the measure.
The ballot title for this measure was as follows: [3]. The ballot explanation for this measure was as follows: [3]. South Dakota patients must obtain a registration card from the State Department of Health. Non-residents may use out-of-state registration cards. Patients may designate caregivers to assist their use of marijuana; the caregivers must register with the Department. Cardholders may possess 3 ounces of marijuana and additional amounts of marijuana products.
Additionally, if a resident cardholder is allowed to grow marijuana plants the cardholder may possess a minimum of 3 plants, as well as marijuana and products made from those plants.
The measure legalizes marijuana testing, manufacturing, and cultivation facilities, as well as marijuana dispensaries. These establishments must register with the Department. The measure legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law. The measure limits State and local law enforcement's ability to assist Federal law enforcement authorities.
The section measure contains numerous other provisions not described here. It will likely require judicial or legislative clarification. The full text of the measure is available here. The word count for the ballot title is 9, and the estimated reading time is two seconds. The word count for the ballot summary is , and the estimated reading time is 52 seconds. Former Officials Former U. The arguments in support of Initiated Measure 26 in the Ballot Question Pamphlet were written by Melissa Mentele campaign manager, mother, small business owner, executive director for New Approach South Dakota, advocate ; George Hendrickson father of a child with Dravet Syndrome, former police officer, small business owner, advocate ; and Kristin Hendrickson mother, MSN, RN, disability rights advocate.
That amount was reported as an in-kind contribution given to New Approach South Dakota. Ballotpedia did not identify any statewide ballot question committees registered to oppose the initiative. If you are aware of one, submit information to editor ballotpedia. To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here. Participants were asked how they planned to vote on the measure.
Poll results for the measure are detailed below. As of May , 36 states and Washington, D. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol CBD —one of the non-psychoactive ingredients found in marijuana—for medical purposes.
In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. South Dakota: In , the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances.
The bill also exempted CBD from the state's definition of marijuana in that section. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year. After the changes, Attorney General Jason Ravnsborg R issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations.
Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law. On March 27, , Gov. On January 4, , the Trump administration rescinded the Cole Memorandum, a policy that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized.
Attorney General Jeff Sessions said that in deciding which activities to prosecute under federal laws, such as the Controlled Substances Act, "prosecutors should follow the well-established principles that govern all federal prosecutions. These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community.
The following is a list of marijuana-related statewide ballot measures that were on the ballot in South Dakotans rejected medical marijuana initiatives in and In South Dakota, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the votes cast for governor in the previous gubernatorial election.
Prior to a court order, initiative sponsors could collect signatures for a period of one year and signatures needed to be submitted at least one year before the targeted election. On August 30, , the United States District Court for the District of South Dakota Northern Division ruled that the requirement that petitions be submitted one year before the election date violated the First Amendment of the United States Constitution and ordered that, for measures amending or adding a state law, the signature deadline shall be the first Tuesday in May of an election year six months before the election date , which is May 8, , for ballot measures.
Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method. Cost of signature collection: Sponsors of the measure hired a signature gathering company to collect signatures for the petition to qualify this measure for the ballot.
Click "Show" to learn more about voter registration, identification requirements, and poll times in South Dakota. In South Dakota , all polls are open from 7 a. If the polls close while you are still in line, you will be permitted to vote. South Dakota is divided between Central and Mountain time zones. To register to vote in South Dakota, an applicant must be a citizen of the United States, a resident of South Dakota, and at least 18 years old by the day of the next election.
The deadline to register to vote is 15 days before the next election. To register, an applicant may submit a voter registration form to the county auditor. Prospective voters can also register in person at the county auditor's office, driver's license stations, certain public assistance agencies, or military recruitment offices.
South Dakota does not practice automatic voter registration. South Dakota does not allow same-day voter registration. South Dakota requires voters to present photo identification while voting. If a voter does not have a photo ID, he or she can sign a personal identification affidavit. The voter will then be given a regular ballot. As of April , 35 states enforced or were scheduled to begin enforcing voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification.
Valid forms of identification differ by state. Proposed Ballot Title:. Proposed Ballot Summary:. Initiative Petition:. Click here to view Initiative Petition. Leslie Riley, Jr. Town Meeting Location:. Initiative Information:. Initiative measures are valid for one year.
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