On November 3rd, South Dakota voted on an adult-use cannabis bill (Constitutional Amendment A, spearheaded by South Dakotans for Better Marijuana Laws) and a medical cannabis bill (Measure 26, spearheaded by New Approach South Dakota.) Now, with 95% of precincts reporting, The Associated Press and The New York Times report Constitutional Amendment A and Measure 26 will pass, making South Dakota the first state to legalize both recreational and medical marijuana in the same election.

Here are the key components of these initiatives:

Constitutional Amendment A

• It will legalize the possession, cultivation, distribution, and recreational use of up to one ounce of marijuana for a adults 21 years and older.
• It will require the South Dakota State Legislature to pass laws providing for and regulating a medical marijuana program and for the sale of hemp (which has previously been suppressed in the state) by April, 2022.
• Marijuana sales will be taxed at 15%.
• Cultivation of up to three marijuana plants at home would be permitted.
• Recreational cannabis stores will be licensed by the Department of Revenue.

Measure 26

• It will establish a medical marijuana program for those with qualifying medical conditions (including cachexia, debilitating pain, severe nausea, and severe muscle spasms.)
• Patients will be able to possess a maximum 3 ounces of medical marijuana.
• The Department of Health will be in charge of regulating medical marijuana dispensaries.