LOS ANGELES- In a significant development for cannabis legislation, South Dakota has introduced two new adult-use cannabis legalization measures, aiming for inclusion in the 2024 general election. Both initiatives require 17,509 valid signatures from registered South Dakota voters to qualify.
The second of these measures, recently detailed in an official draft by Attorney General Marty Jackley, was proposed by Emmett Reistroffer. This follows Jackley’s August release of a proposal by Matthew Schweich and Quincy Hazen for a similar purpose. Reistroffer’s proposal permits adults to possess up to three ounces of cannabis flower and allows for the personal cultivation of up to 12 plants per household (six per individual). Schweich and Hazen’s proposal sets a lower limit, allowing the possession of up to two ounces of flower, with identical cultivation restrictions.
Jackley’s analysis of both measures underscores that driving under the influence of cannabis remains illegal, and possession would be restricted in areas where tobacco use is prohibited. Additionally, employers and property owners retain the right to impose their own restrictions, and these initiatives will not alter the state’s existing hemp laws. Importantly, it’s noted that cannabis continues to be illegal under federal law.
To reach the 2024 ballot, the proposed measures must meet the signature submission deadline of May 7, 2024, to the South Dakota Secretary of State.
The push for cannabis reform in South Dakota is not new. In 2020, voters approved both medical and adult-use reforms, but the adult-use proposal was later invalidated by the state Supreme Court for violating single-subject rules in ballot initiatives. Despite these setbacks, South Dakota’s journey toward legalization continues, with the Attorney General submitting the latest measure to Secretary of State Monae Johnson on November 17, followed by a public comment period.
South Dakota has shown progress in cannabis legislation, particularly with the passing of Initiated Measure 26 in 2020, which legalized medical cannabis. As of late 2023, there are numerous approved practitioners and patient cards, alongside a growing number of medical dispensaries.
The road to adult-use cannabis legalization in South Dakota has been challenging, marked by previous rejections and legal hurdles. Governor Kristi Noem has been vocal in her opposition to adult-use cannabis, and public opinion remains divided. Additionally, legislative efforts are underway to repeal the state’s medical cannabis law and to prevent the legalization of federally banned substances.
Should the new legislation pass, existing medical cannabis operators in South Dakota would be eligible for dual-use licenses, allowing sales to individuals over 21 for non-medical purposes. Municipalities would have the ability to regulate, but not outright ban, adult-use dispensaries.
The outcome of South Dakota’s initiatives could have national implications. Following Ohio’s legalization, South Dakota’s potential shift could bring the number of states with legalized adult-use cannabis to half of the country. This parallels historical precedents, such as the end of alcohol prohibition in the United States, and underscores the ongoing shift in public and legislative attitudes towards cannabis.
