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Is marijuana legal in South Dakota?

On Behalf of | Aug 25, 2022 | Drug Charges |

You may have seen on the news that many states are legalizing or at least decriminalizing marijuana. In a lot of states, official dispensaries have been set up and the entire process is regulated just like alcohol. It’s not that anyone can sell marijuana, but licensed distributors are able to do so and people can buy it for recreational use.

One of the interesting things about this shift, however, is that has not impacted the entire country in the same way. The states are allowed to set their own marijuana laws. It remains illegal at the federal level. So where does South Dakota stand? Has the state joined the growing trend of legalization or not?

It’s up for a vote at the end of the year

As of right now, this matter has not yet been decided and marijuana has not been legalized. However, it is on the ballot and will be voted on in November of this year.

If the vote passes, then it will become legal to possess marijuana and to distribute it, at least for licensed dispensaries. Using marijuana will also be legal. There are still many provisions, of course, such as the fact that it will be illegal to drive while under the influence. But mere possession would not be illegal.

However, this is all only true if the measure passes, and that has not happened yet. It’s important for people not to assume that anything has changed early or to assume that marijuana laws enacted in other states also apply here. If you are facing drug charges, then you also want to know about your legal defense options