South Dakota’s Medical Cannabis Law Takes Effect
South Dakota’s medical cannabis law, also known as Measure 26, takes effect today, July 1, 2021. The previous day, there was significant amount of information released to the public. This post is intended to summarize that information.
South Dakota Highway Patrol
On June 30, 2021, the South Dakota Highway Patrol released a four-page “Framework for Implementation of Measure 26.”
The document states: “While the Highway Patrol cannot require other law enforcement entities to adopt such guidance in their own jurisdictions, the Highway Patrol is releasing this Framework as a resource to promote consistency in approach among law enforcement and for the benefit of the public.”
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Here is a summary of what the Framework states:
South Dakota residents will not be arrested if:
The individual possesses no more than three ounces of “natural and unaltered marijuana” AND
The individual “presents an unexpired medical cannabis card issued by another state”; OR
The individual “is an enrolled tribal member and presents an unexpired medical cannabis card issued by the resident’s tribe.”
South Dakota residents will not be arrested if:
The individual possesses no more than three ounces of “natural and unaltered marijuana”; AND
The individual claims that the cannabis is to be used “to treat or alleviate one of the debilitating medical conditions found on medcannabis.sd.gov” AND
The individual “produces printed or electronic documentation from a licensed doctor that he or she has been diagnosed as having a debilitating medical condition.”
Non-residents will not be arrested if:
The individual possesses no more than three ounces of “natural and unaltered marijuana”; AND
The individual “presents an unexpired medical cannabis card issued by another state.”
Notes:
“Natural and unaltered marijuana” is defined under South Dakota law (see SDCL 22-42-1).
The list of debilitating conditions has been posted to the South Dakota Department of Health website.
Flandreau Santee Sioux Tribe
Governor Noem’s office has stated that state troopers will not acknowledge medical cannabis patient cards issued by the Flandreau Santee Sioux Tribe unless the individual is an enrolled tribal member.
Flandreau Santee Sioux Tribe attorney General Seth Pearman stated in response that the tribe’s medical cannabis patient cards should protect anyone in South Dakota from arrest.
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Minnehaha County, Lincoln County, and Sioux Falls
“Authorities in Minnehaha County on Wednesday told the Argus Leader that they will no longer arrest or prosecute any low-level marijuana laws due to the impact the medical marijuana law will have on law enforcement's ability to efficiently and effectively enforce recreational cannabis laws.”
The article also reported that “Sioux Falls Police Department and the Lincoln County State's Attorney's Office confirmed Wednesday evening their organizations are also taking that approach to marijuana enforcement.”
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Rapid City and Pennington County
The Rapid City Police Department has stated that it will not arrest medical cannabis patients who comply with Measure 26. Furthermore, any cannabis arrest for a small amount "will depend on the circumstances of a particular situation and will be based on whether other charges are filed."
“Pennington County State's Attorney Mark Vargo said his office will not be prosecuting any cases involving under three ounces of cannabis as it is cost prohibitive to do so.”
“Searches and seizures as part of traffic stops will be affected by the medical law; the odor of cannabis alone is not enough for an officer to search a vehicle. The department put together an outline for its officers noting the differences in search and seizure rules."
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