South Dakota Legalizes Medical Cannabis

Access to medical cannabis in the U.S. expanded on the night of Nov. 3, as voters in South Dakota approved a ballot measure that paves the way for a program that would allow individuals with debilitating medical conditions access to the plant’s therapeutic benefits.

Measure 26, originally filed by Melissa Mentele, executive director of New Approach South Dakota, passed with 68.8% support with 84% of precincts reporting, according to the Associated Press (AP).

Among other items, Measure 26 would cap licensing fees for medical cannabis establishments at $5,000 (adjusted annually for inflation), would implement a sliding scale for patient application and renewal fees based on household income, and would require the state’s Department of Health (DoH) to issue rules within 120 days of the effective date of the act. Once the program is established, patients will be able to home grow at least three plants and possess up to three ounces of dried cannabis (with limits on cannabis products to be set by the DoH).

Additionally, the ballot’s language prevents counties from banning medical facilities. Patient access was a priority for the Measure 26 campaign, as South Dakota ranks in the bottom 10th percentile in state population density rankings.

The Marijuana Policy Project's (MPP) deputy director, Matthew Schweich, said in a statement: “By approving Measure 26, South Dakotans have made it clear that they believe individuals with debilitating medical conditions should have the right to use medical marijuana without fear of criminalization.”

Morgan Fox, media relations director and committee manager for the National Cannabis Industry Association (NCIA), also said in a statement, “We commend the voters of South Dakota for supporting compassion and joining the majority of states with medical cannabis programs that allow seriously ill patients to legally and safely access the medicine that works for them.”

On Twitter, Schweich wrote, “... We are awaiting the results of Amendment A, which legalizes marijuana for adults 21 and over and protects the medical marijuana policy established by Measure 26. At this time, Amendment A is leading 52-48...” MPP was heavily involved with both ballot initiatives.

South Dakota has legalized medical marijuana by passing Measure 26. We are awaiting the results of Amendment A, which legalizes marijuana for adults 21 and over and protects the medical marijuana policy established by Measure 26. At this time, Amendment A is leading 52-48...

NORML Executive Director Erik Altieri said in a statement, “South Dakotans sent an unequivocal message in support of allowing patients the ability to legally access it under the advice of their physician. When operational, this program will provide lab-tested medical cannabis products to thousands of South Dakotans who can benefit from them. These patients cannot wait, and voters were right to take action to make this access a reality.”

The adult-use amendment, Amendment A, currently sits at 52.9% in favor of legalizing adult-use cannabis with 84% of precincts reporting.