Constitutional Amendment A - 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.

Summary

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 conditions. The amendment authorizes the State Department of Revenue ("Department") to issue marijuana-related licenses for commercial cultivators and manufacturers, testing facilities, wholesalers, and retailers. Local governments may regulate or ban the establishment of licensees within their jurisdictions. The Department must enact rules to implement and enforce this amendment. The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp. The amendment imposes a 15% tax on marijuana sales. The tax revenue will be used for the Department's costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund. Incarceration costs would decrease due to a decriminalization of several current laws 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.

A "yes" vote is a vote in support of a constiutional amendment to legalize the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older, with a 15% tax on marijuana sales where tax revenue will be used for the costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund.

A "no" vote is a vote opposing a constiutional amendment to legalize the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older, with a 15% tax on marijuana sales where tax revenue will be used for the costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund.

Arguments

"Marijuana is an intoxicating substance, period. It impairs people’s ability to operate motor vehicles, heavy machinery and boats. It will illegal to drive under the influence of marijuana, just like it is to be driving after drinking . . . and yet, many people are guilty of breaking that law. They are going to drive while under the influence of marijuana as well., in opposition to Constitutional Amendment A (Learn more)

"Amendment A will appear on this November’s ballot and goes beyond making pot legal. It makes recreational marijuana use a part of our state’s 131 year-old Constitution that cannot be amended by our state legislature.", in opposition to Constitutional Amendment A (Learn more)

"The idea of businesses not being able to find qualified workers to get things done is a real threat that business leaders know all to well. While Amendment A says businesses can refuse to hire people that fail a drug test now, the States of New York and Nevada have recently passed laws that prohibit that very activity; meaning businesses can no longer use a failed drug test as a reason to not hire an applicant.", in opposition to Constitutional Amendment A (Learn more)

"Treating marijuana as a criminal justice issue has led to thousands of needless arrests and a flourishing underground market that distracts police officers from more important public safety concerns.", in support of Constitutional Amendment A (Learn more)

"With pot being legal, common sense tells us that users won't be involved in an "underworld" setting when they buy and smoke it. They won't be exposed to harder illegal drugs or the social element that deals in and abuses them.", in support of Constitutional Amendment A (Learn more)

"For a state like South Dakota, where the economy is dominated by the financial vagaries of the agricultural commodity markets, a stream of revenue from legal pot sales would probably do much to make budget management a more predictive enterprise than it currently is.", in support of Constitutional Amendment A (Learn more)

Measure Details