If you live in South Dakota, then you may have wondered if weed is legal in the state. Although the answer may seem like a simple question, there is a lot of controversy surrounding the matter. It is possible to grow marijuana and even to consume it, but there are many different aspects to the issue. There are also some penalties that you could be faced with if you break the law.
Medical Marijuana
Medical marijuana is legal in South Dakota, although it has not been implemented as of yet. This includes patients with debilitating medical conditions, caregivers, and minors.
To qualify for the program, a patient must be diagnosed with one of several qualifying medical conditions. These include multiple sclerosis, severe epilepsy, and Cachexia Syndrome. A physician must provide a prescription for medical marijuana in order for a patient to receive access to the product.
In the medical cannabis program, a patient can grow a maximum of three plants in his or her home. Those who are 21 or older can grow more, but they must obtain permission from their physician.
The program also allows for the sale of medicinal marijuana. A portion of the proceeds goes to public schools. Medicinal marijuana sales are taxed at a 15% rate.
The program has been rolled out in stages. Patients and caregivers can now apply for cards online. Once an applicant is approved, he or she will be able to buy cannabis from a licensed dispensary. During this process, the applicant will receive an email with a temporary password.
Penalties For Selling And Cultivating Marijuana
If you are planning on growing your own marijuana, it’s important to know about South Dakota’s penalties for selling and cultivating cannabis. Although these laws are still illegal, they are relatively less harsh than other states’.
In South Dakota, possession of less than 1 ounce of cannabis can be classified as a misdemeanor, punishable by up to one year in jail. A second offense can be classified as a felony, with up to five years in prison.
The law also allows for diversion programs. These are typically for first-time offenders and can help to dismiss charges. This can be done by entering a plea deal and agreeing to complete a treatment program. Upon completion, the record is expunged.
Selling cannabis is a felony. Anyone who sells or possesses more than eight ounces is subject to a fine of at least $1,000. Those who sell or posses more than 500g can face up to 10 years in prison.
CBD Oil With THC
In the state of South Dakota, cannabis products and CBD oil with THC are not legal. CBD is a cannabinoid extracted from hemp that has less THC than marijuana and is therefore considered to have a milder effect.
However, despite the popularity of CBD among cannabis consumers, its legal status in South Dakota remains a mystery. Some believe it’s an illegal substance, and others say it’s only a matter of interpretation.
Despite the controversy surrounding its legality, there is one exception to the law. Epidiolex is a prescription drug that contains cannabidiol. If prescribed by a doctor, it can be used for rare childhood epilepsy.
The FDA has approved the use of Epidiolex as a medication to treat seizures in patients suffering from a rare form of epilepsy. But, it’s not available over-the-counter.
Earlier this year, the State of South Dakota passed legislation to allow for the cultivation and sale of industrial hemp. This allowed licensed processors to grow and produce industrial hemp.
Opposition To Weed Legalization
The South Dakota Legislature is considering legislation that would allow adult use of marijuana. However, the effort has been challenged by an opposition group.
An organization based in Virginia called Smart Approaches to Marijuana is campaigning against the proposal. They argue that the state should not penalize adults who use cannabis responsibly. But they also point out the potential for harmful effects of recreational use.
Another group in the fight against Measure 27 is Protecting South Dakota Kids, which argues that the measure could lead to more car accidents due to intoxicated drivers. It also says that arresting adults for small amounts of marijuana is not an effective way to improve public safety.
A recent poll by the South Dakota State University found that only 45% of voters supported legalizing recreational marijuana. While most Democrats support the idea, the results suggest that voters are divided.
South Dakotans for Better Marijuana Laws (SDBML) is the main group working to legalize cannabis in the state. They are spearheading the campaign and are planning a statewide tour this weekend.
