South Dakota: New Quest For Cannabis Legalization In November 2024 Election As Advocates Meet Ballot Proposal Requirements

In a renewed effort to legalize recreational marijuana, advocates in South Dakota submitted approximately 29,000 signatures to the Secretary of State, aiming for a spot on the November ballot.

With 17,508 valid signatures required for a valid petition, the state has until August 13th to complete the validation process. Should the petition be validated, legal adult-use cannabis will once again be subject to a vote in the general election in November 2024.

What Do They Propose?

The proposed ballot measure would permit recreational marijuana use for adults over 21, setting possession limits at 2 ounces of marijuana or 16 grams of concentrated forms and 1,600 mg of THC in products.

The proposal excludes provisions for business licensing or taxation. Proponents say this is a strategic move to comply with the state's strict single-subject rule for amendments. Matthew Schweich, campaign director for South Dakotans for Better Marijuana Laws, told the Associated Press, "We're taking a conservative approach in response to this ruling and not taking any chances," reflecting a cautious strategy influenced by past legal setbacks.

Legalization Struggles In A Red State

As of today, 24 states have legal adult-use cannabis, and nearly half of them have legalized it through the ballot box. South Dakota could have been part of this group, were it not for the efforts of Governor Kristi Noem (R). In 2020, Noem initiated a challenge that led the South Dakota Supreme Court to strike down recreational cannabis based on legal technicalities.

Subsequent efforts in 2022 were also defeated at the polls. Noem also attempted to delay the implementation of medical marijuana in 2021, although this was blocked by the state’s legislature. These past experiences have shaped the current approach to legalization, enforcing a more restrictive and focused framework to avoid previous pitfalls.

More Freedom, But Limited

Recreational marijuana is legal in 24 states, including a recent addition in Ohio in 2023. Florida and North Dakota are also contemplating legalization this fall.

The text of the South Dakota petition states that "The initiated measure allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana plants with no more than twelve plants per household (…) Judicial or legislative clarification of this measure may be necessary."

As no licensing system is raised, the ballot will legalize domestic personal use cultivation, with no plant-touching industry allowed. This will give certain space for the legal system to ultimately resolve the consequences of the measure.