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Constitutional Amendment A

Constitutional Amendment ATitle: An amendment to the South Dakota Constitution to legalize, regulate, and tax marijuana; and to require the Legislature to pass laws regarding hemp as well as laws ensuring access to marijuana for medical use.Vote ‘Yes’ to adopt the amendment.Vote ‘No’ to leave the SD Constitution as it is now. This constitutional amendment legalizes the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess or distribute one ounce or less of marijuana. Marijuana plants and marijuana produced from those plants may also be possessed under certain circumstances. This amendment does not affect an employer’s ability to restrict the use of marijuana by employees and it does not limit the right of a person or government entity from prohibiting or otherwise regulating conduct on their property.The amendment authorizes the State to issue marijuana-related licenses for commercial cultivators and manufacturers, testing facilities, wholesalers, and retailers. The State must enact rules to implement and enforce this amendment including limiting advertising, ensuring product safety, inspection and record-keeping requirements, and more. The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment imposes a 15% tax on marijuana sales. The tax revenue will be used for the State costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund. Judicial clarification of the amendment may be necessary. The amendment legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law.Find the full wording of the ballot initiative as well as more information at this link:

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  • Yes - For the Measure

  • No - Against the Measure