Live results: Polls close on South Dakota amendment to legalize marijuana for people over 21

  • South Dakota's proposed Constitutional Amendment A would legalize the "possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older."
  • The amendment would set the limit of marijuana one can possess or distribute at a time to one ounce.
  • Polls have closed, and Insider has live results on the proposition as soon as they come in.
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South Dakota's 2020 ballot includes Constitutional Amendment A, which would legalize the possession, transportation, use, and distribution of marijuana and marijuana paraphernalia by people who are 21 or older.

The summary text for South Dakota's Constitutional Amendment A reads as follows:

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.

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.

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