FAQs for South Dakota Medical Marijuana Card Patients

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Measure 26: Your Questions Answered For South Dakota!

With the passing of Initiated Measure 26, not only does this mean an entirely new medical marijuana program for South Dakota, but it also means new patients. The medical marijuana program can be difficult to navigate even for the most experienced cannabis users. When a new medical marijuana program is put into place in any state, it can raise a lot of questions for prospective patients. Lucky for you, we have done the legwork to help answer any questions about South Dakota’s medical marijuana program. Please see the list of most popular questions asked by potential patients about South Dakota’s upcoming medical marijuana program.

Why are there two initiatives? What’s the difference?

Initiated Measure 26 establishes a medical marijuana program for patients diagnosed with one or more serious health conditions. This is specifically for medical marijuana. The measure requires the Department of Health, no later than 120 days after the effective date of the initiative, to enact rules related to implementing South Dakota’s medical marijuana program. Since ballot measures in South Dakota take effect on July 1 following completion of the official canvass by the State Canvassing Board, 120 days after the measure’s expected effective date of July 1, 2020, is October 29, 2021. The Department of Health was required under the measure to issue registry identification cards to qualified patients no later than 140 days after the effective date of the measure.

Constitutional Amendment A legalizes, regulates, and taxes marijuana for adults 21 and over. It also requires the legislature to pass laws by April 1, 2022 regulating the cultivation, processing, and sale of hemp. This is specifically for recreational marijuana.

Is Medical Marijuana legal right now in the state of South Dakota?

Medical Marijuana will be implemented on July 1, 2021, in South Dakota. House Bill 1100 which sought to delay implementation until January 1, 2022, failed to pass during the last week of the legislative session, meaning that implementation will move forward with no changes to the statutes passed under Initiated Measure 26.

Is adult-use/ recreational marijuana legal in South Dakota?

Recreational cannabis remains illegal, despite being approved by a majority of voters.

Will insurance cover the fees involved with the South Dakota MMJ program?

Unfortunately, since medical marijuana is not federally legal, insurance companies will not cover any of the costs at this time. With federal legalization not far off, this could definitely be a possibility in the future once recreational use is approved in the U.S.

How can I get my medical marijuana card in South Dakota?

Any qualifying resident of South Dakota may apply to receive a medical marijuana card (including minors). To qualify for medical marijuana in South Dakota, a person must have a debilitating medical condition defined by the state.

What conditions qualify for medical marijuana in South Dakota?

Will my employer know if I am a medical marijuana patient?

Only you and your medical marijuana physician who certifies you will know that you are a South Dakota medical marijuana patient, as this is protected under HIPAA. Measure 26 provides medical marijuana patients “all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication.” Employers would not be required to allow cannabis ingestion in the workplace, nor would they be required to allow employees to work under the influence of cannabis. A “registered qualifying patient may not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment,” according to the measure.

Can I get fired for using marijuana in South Dakota?

The Medical Marijuana Initiative does not affect an employer’s ability to restrict the use of marijuana by employees. You can still be fired for cannabis consumption if your job prohibits it.

Will South Dakota’s Medical Marijuana Program allow patients to grow their own cannabis plants at home?

Yes. According to the measure, patients registered to cultivate marijuana at home can grow 3 plants at a minimum. The plants need to be in a private residence in a locked space that is not visible to the public. A maximum of 6 marijuana plants can be kept in one residence at a time, regardless of how many individuals at the property are growing marijuana plants. The person who owns or controls the private property can forbid marijuana cultivation on the property.

Can I get a DUI for using marijuana in South Dakota?

Yes. Medical marijuana is treated the same as alcohol use in the eyes of the law. Anyone who is caught under the influence of medical marijuana while operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized forms of transportation while under the influence of marijuana, could face criminal offenses as it is still illegal under the current law.

How much marijuana can I possess at a time in South Dakota?

South Dakota medical marijuana patients can possess up to three ounces of marijuana at a given time.

Where can I smoke marijuana in South Dakota?

Medical Marijuana can only be consumed on private property, away from public view. Recreational cannabis remains illegal, despite being approved by a majority of voters.

How many dispensaries will there be in South Dakota?

As the state of South Dakota has not begun the dispensary licensing process. The bill has not stated a limit on how many dispensaries can be established, but we assume dispensaries will be located in major cities like Sioux Falls, Rapid City, Aberdeen, Brookings, and Watertown.

How can states legalize marijuana while it remains federally illegal?

Within the United States’ federalist system of government, legal precedents have established that states are not obligated to enforce federal laws. Opponents of marijuana policy reforms sometimes claim that state legalization laws could be “preempted” or overturned by federal law, but scholars have rejected this argument. Eleven states have legalized marijuana for adults’ use, and thirty-three has legalized it for medical purposes. No federal challenge has succeeded in overturning these laws.

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Are you suffering from a debilitating medical condition, but don’t know if you qualify? Click Here to see if you may be eligible to obtain your own Medical Marijuana Card to treat your ailment with medical marijuana, which includes both THC and CBD products.

Click Here to learn more about what My Marijuana Card’s state-certified marijuana doctors can do for you, or give us a call at 877-783-1805 and our friendly patient coordinators will set an appointment and walk you through the process of receiving your own Medical Marijuana card. Get your South Dakota marijuana card today online!