Legalization on the ballot in November

On November 5, 2024, South Dakotans will be voting on a ballot initiative (Measure 29) to legalize cannabis for adults’ use! This was made possible thanks to a successful signature drive, which MPP spearheaded. The ballot initiative would legalize possession and home cultivation of marijuana for people 21 and older.

If approved by a majority of voters, Measure 29 would legalize:

• Possession of up to:
• 2 ounces of cannabis flower
• 16 grams of cannabis product (concentrated hash and extracts)
• 1,600 milligrams of THC in products other than concentrates
• Home grow of cannabis plants; allows the discreet and secure cultivation of up to six plants at home. (Total plants grown at residence may not exceed 12.)

This will be the third time South Dakota voters will have considered whether to legalize adult-use cannabis for adults. In 2020, 54% of voters approved Amendment A, an initiative led by South Dakotans for Better Marijuana Laws. Despite the successful campaign to legalize adult-use marijuana, the law was overturned by the South Dakota Supreme Court in a controversial ruling. Many considered the ruling to be an extreme and unjust interpretation of the state’s single-subject rule for ballot initiatives. The challenge was orchestrated by current Governor Kristi Noem. She had also actively campaigned against adult-use marijuana (Amendment A) in 2020. Disappointingly, in 2022, a second legalization initiative, Measure 27, fell short of passage.

South Dakota cannabis reform advocates are hopeful that the third time will be the charm. 2024 is a presidential election year when voter turnout is higher and the electorate is more supportive of cannabis reform.

Plug in or chip in to the campaign —  South Dakotans for Better Marijuana Laws.

South Dakota’s Medical Cannabis Laws

South Dakota made history in 2020, by being the first state where voters approved both a medical cannabis initiative and an adult-use legalization law.

While the voter-approved 2020 adult-use initiative was unjustly overturned in court, thankfully South Dakotans were able to provide protections for medical patients. In a landslide, 70% of voters approved Measure 26, which MPP championed. The law came at a time when the harsh existing laws could land a medical patient in jail for simply possessing small amounts of marijuana.

Later, in 2021, Governor Noem attempted to get the legislature to delay the medical cannabis law by a year, despite it having 70% voter support. MPP and our allies defeated this attempt to undermine voters’ law.

South Dakota’s current medical marijuana law allows patients to legally use cannabis if they qualify and register with the program. Qualifying conditions include chronic medical conditions producing severe, debilitating pain; wasting; severe nausea; seizures; and severe and persistent muscle spasms. South Dakota’s medical cannabis program allows limited home cultivation, along with the regulated sales of medical cannabis.

Earlier Medical Marijuana History in South Dakota:

Medical marijuana was previously on South Dakota’s ballot in 2006 and 2010 but failed to pass both times. The 2006 initiative lost 47%-52% and the 2010 initiative lost 36%-63%.

But the third measure passed in a landslide. Be sure to plug in to efforts to expand cannabis freedom for all adults —  South Dakotans for Better Marijuana Laws.

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