S.D. Const. art. XXX, § 2

Laws not limited or affected by this article. Notwithstanding the provisions of this article, this article does not limit or affect laws that prohibit or otherwise regulate: (1) Delivery or distribution of marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one years of age; (2) Purchase, possession, use, or transport of marijuana or marijuana accessories by a person younger than twenty-one years of age; (3) Consumption of marijuana by a person younger than twenty-one years of age; (4) Operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana; (5) Consumption of marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is being operated; (6) Smoking marijuana within a motor vehicle, aircraft, motorboat, or other motorized form of transport, while it is being operated; (7) Possession or consumption of marijuana or possession of marijuana accessories on the grounds of a public or private preschool, elementary school, or high school, in a school bus, or on the grounds of any correctional facility; (8) Smoking marijuana in a location where smoking tobacco is prohibited; (9) Consumption of marijuana in a public place, other than in an area licensed by the department for consumption; (10) Consumption of marijuana as part of a criminal penalty or a diversion program; (11) Conduct that endangers others; (12) Undertaking any task under the influence of marijuana, if doing so would constitute negligence or professional malpractice; or (13) Performing solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol, unless licensed for this activity by the department. History: Proposed by initiated amendment ( Constitutional Amendment A), approved Nov. 3, 2020, eff. Jul. 1, 2021.