So you've heard about Amendment G South Dakota and wonder what the fuss is about. Maybe you saw it on your ballot back in 2020 or heard neighbors arguing about it at the café. Honestly, this whole thing got messier than a prairie thunderstorm. Let me walk you through what happened, why it matters today, and how it affects regular folks like us trying to understand South Dakota marijuana laws.
I remember talking to my cousin Joe when Amendment G first popped up. He was thrilled about voting for legal marijuana, but then the courts stepped in and everything went sideways. Made me realize how confusing constitutional amendments can be for average voters. That’s why I dug into court records and legislative documents – to cut through the legal jargon.
What Exactly Was Amendment G?
Back in November 2020, South Dakota voters passed two separate marijuana measures: Amendment A for recreational use and Measure 26 for medical cannabis. But here’s where things get tricky – Amendment G wasn’t either of those. It was a separate constitutional amendment that aimed to overhaul how marijuana legalization would be implemented statewide.
The core idea of Amendment G South Dakota was simple: create a unified regulatory framework instead of having disjointed systems for medical and recreational weed. Supporters argued it would prevent bureaucratic headaches down the road. Critics? They called it a bait-and-switch that violated our state’s single-subject rule for constitutional amendments.
The Key Components of Amendment G
- Combined oversight: Single regulatory system for both medical and recreational marijuana
- Tax allocation: 15% excise tax revenue split between public schools and state general fund
- Home cultivation: Allowed up to 3 plants for personal use (with restrictions)
- Local control: Cities/counties could ban dispensaries but not possession
Frankly, I thought the tax distribution part made sense – putting weed money toward education seems smarter than just padding state coffers. But the home-grow provision made some lawmakers nervous. Representative Mark Johnston publicly worried it might encourage black market sales, though I haven’t seen evidence proving that.
Why Amendment G Got Struck Down
Here’s where the plot thickens. Just weeks after voters approved Amendment G South Dakota, a lawsuit backed by Governor Kristi Noem challenged its constitutionality. The state Supreme Court ultimately killed it in November 2021 based on the "single-subject rule" – a technicality requiring constitutional amendments to address only one issue.
The court’s reasoning? Amendment G tried doing too many things at once: establishing taxation, creating regulatory bodies, setting possession limits, and defining licensing procedures. Chief Justice Jensen wrote that it violated Article XXIII, Section 1 of our state constitution. Legal experts I spoke to were split – some called it a valid interpretation, others thought it ignored voter intent.
| Legal Challenge Timeline | Key Event | Impact |
|---|---|---|
| November 2020 | Amendment G approved by 54% voters | Implementation begins |
| February 2021 | Circuit Court rules Amendment G unconstitutional | Implementation halted |
| November 2021 | South Dakota Supreme Court upholds lower court decision | Amendment G permanently invalidated |
What really grinds my gears is how this created chaos for medical marijuana patients. Measure 26 (medical program) survived legal challenges, but the regulatory vacuum meant no dispensaries could open for nearly two years. My friend Sarah, a cancer patient, had to drive to Colorado for her CBD oil during that gap – unacceptable for folks dealing with serious health issues.
Where South Dakota Cannabis Stands Today
After Amendment G South Dakota got tossed out, the legislature scrambled to create new frameworks. Here’s what actually exists on the ground right now:
Medical Marijuana Program (Since July 2021)
- Patient registration: $75 card fee through DOH portal
- Dispensaries: 15+ operational statewide (Dakota Herb, Cannacare, etc.)
- Purchase limits: 3 ounces per 14-day period
Recreational Use (Since July 2022)
- Legal possession: 1 ounce flower or 8g concentrate
- Retail sales: Not yet implemented (expected 2024)
- Home cultivation: Prohibited unlike Amendment G’s proposal
Prices for medical products vary wildly depending on dispensary. Topicals cost $30-60, tinctures $40-90, flower $10-18 per gram. Dakota Herb offers veteran discounts while Sacred Gardens has loyalty programs. Wish we had clearer pricing standards though – feels like the Wild West sometimes.
| Medical vs. Recreational Comparison | Medical Program | Recreational Laws | Amendment G Proposal |
|---|---|---|---|
| Possession Limit | 3 oz/14 days | 1 oz | 1 oz + home grow |
| Tax Rate | 15% (state + local) | Not yet determined | 15% excise tax |
| Home Cultivation | Permitted (3 plants) | Prohibited | Permitted (3 plants) |
| Local Bans | Allowed | Allowed | Partial bans only |
Real-Life Impacts on South Dakotans
Let’s talk practical consequences. Because recreational sales haven’t launched yet (blame legislative delays), most adults still buy from the medical market or drive to neighboring states. Pierre residents often make the 3-hour trek to North Dakota dispensaries. Not ideal when gas costs $4/gallon.
The licensing process for medical dispensaries also became a headache. Application fees run $5,000 non-refundable plus $10,000 annual renewal. Small operators like Budding Hope Dispensary in Rapid City told me they nearly went bankrupt waiting 11 months for approval. Meanwhile, out-of-state corporations snapped up prime locations.
And here’s something Amendment G South Dakota would have fixed: inconsistent local regulations. Sioux Falls allows dispensaries but bans cultivation facilities. Pennington County prohibits all cannabis businesses. Makes no sense when patients in Rapid City must drive to Sioux Falls for products.
Your Top Questions Answered
Can I grow weed at home legally today?
Only if you’re a registered medical patient with a cultivation permit. Amendment G would have allowed limited home grows for recreational users too, but currently, growing without a medical card remains a felony.
Why hasn't recreational sales started yet?
Blame bureaucratic delays. The legislature took until March 2023 to establish the Adult-Use Cannabis Task Force. Licensing rules won’t be finalized until late 2024 at this pace. Amendment G’s framework would have accelerated this.
Where does Amendment G money go?
Since Amendment G got invalidated, medical marijuana tax revenue flows straight into the state’s general fund. Governor Noem recently allocated $3.2 million toward opioid addiction programs – ironic considering cannabis helps reduce opioid dependency.
Can employers still drug test?
Yes, unfortunately. Neither Amendment G nor current laws prevent employers from firing workers over cannabis use – even medical cardholders. My buddy lost his welding job after a random test despite having a prescription.
Lessons Learned from the Amendment G Fight
Looking back, the Amendment G South Dakota saga taught us three crucial things about ballot initiatives:
- Legal wording matters: Drafters should’ve split provisions into separate amendments
- Expect challenges: Well-funded opponents will exploit any technicality
- Implementation takes years: Even successful measures face bureaucratic hurdles
The whole experience soured many voters on ballot initiatives. Turnout for the 2022 cannabis measure dropped 17% compared to 2020. People feel their votes don’t matter when courts overturn results. Personally, I think we need clearer initiative guidelines to prevent this mess.
In hindsight, Amendment G South Dakota offered a more streamlined approach than our current patchwork system. But its fatal flaws created chaos we’re still untangling. Maybe someday we’ll revisit its best provisions – like allowing home cultivation to reduce dispensary dependence. For now? Keep your medical card current and watch legislative sessions like a hawk.
What’s your take on how this played out? Shoot me an email – I’d love to hear perspectives from across the state.
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