If you’re not sure whether it’s legal to possess and use marijuana in South Dakota, it’s understandable. The issue has been complicated over the past few years.
A ballot measure to legalize recreational marijuana won in 2020. The following year, however, a judge ruled the measure unconstitutional and overturned it. In 2022, the issue was again on the ballot. This time, it lost.
Federal rescheduling of the drug
There’s also some confusion around the recent announcement by the U.S. Drug Enforcement Administration (DEA) that it plans to change marijuana from a Schedule I to a Schedule III drug. Advocates for reforms in marijuana laws have long argued that it was misclassified with drugs like heroin and ecstasy that had no medical value and could be far more lethal.
Even if the change goes through, however, it wouldn’t change the federal law that makes the drug illegal. That law has long been at odds with many state laws and makes things like traveling between states with the drug, bringing it on a flight and using it on federal property illegal.
What’s on South Dakota’s November measure?
Here in South Dakota, marijuana legalization advocates are trying again. This November, Measure 29, called the Marijuana Legalization Initiative will be on the ballot.
It would legalize the “recreational use, possession, and distribution of marijuana” for those 21 and older. Specifically, people could possess up to 2 ounces of marijuana. They could also legally have 16 grams of concentrated cannabis. Cannabis products with up to 1,600 mg of THC would be legal.
In addition to the age limits, there would also be some areas, such as schools and juvenile detention facilities, where marijuana wouldn’t be allowed. Further, it couldn’t be consumed in public places, and driving under the influence would remain illegal.
If you’re facing any kind of drug charge, even one involving marijuana, it’s wise to get legal guidance. This can help you protect your rights and your future.