Is It LEGAL to Grow Weed in SD? No, Reversed
On November 8, 2022, South Dakota again rejected the legalization of recreational marijuana use.
South Dakota is one of the most interesting states when it comes to legalization This is because they were a state changed their mind on weed. They approved then subsequently denied the right to medical use of marijuana and home cultivation. The only other state to do this was Mississippi.
Under Initiated Measure 26, medical marijuana would become legal in South Dakota on July 1, 2021.
However, on February 8, 2021, a judge ruled in favor of a lawsuit that argued Amendment A was unconstitutional. Unconstitutional due to violating the state’s single-subject rule for ballot measures. This prevented the legalization of recreational marijuana in South Dakota from going into effect, pending a higher court’s decision.
On November 24, 2021, the South Dakota Supreme Court ruled 4-1 that the Amendment A was unconstitutional, striking down recreational legalisation. This decision was reached because of the state’s rule requiring proposed constitutional amendments to be single-subject only.