South Dakota Takes Steps Towards Legalization of Cannabis: New Initiative Awaits Public Comment

LOS ANGELES– South Dakota’s path to legalizing cannabis took a notable step forward, as the state’s Attorney General Marty Jackley (R) has officially released a draft summary of an initiative to legalize the substance. The proposal is being advocated by South Dakotans for Better Marijuana Laws (SDBML), who are targeting placement on the November 2024 ballot.

The new initiative, if passed, would allow individuals aged 21 and over to possess, grow, and distribute cannabis, although there is no sales component to the measure. This particular issue has raised concerns with the campaign as the current summary includes the term “distribution” – a term that campaigners argue is misleading, given the absence of a legal sales provision in the initiative.

Matthew Schweich, SDBML Director, expressed discontent with the use of the word ‘distribution’ and emphasized the importance of avoiding confusion in the context of cannabis legalization. The campaigners now plan to use the 10-day public comment period to request a revision to this effect.

This draft initiative represents the third consecutive election cycle in which the campaign has sought to legalize cannabis through the ballot. A 2020 amendment was invalidated by the state Supreme Court, while a 2022 statutory legalization initiative was rejected by voters. Campaigners attribute this loss to a lack of financial backing and overall low voter turnout.

Schweich explained that the decision to fully commit to this latest initiative will largely depend on whether the South Dakota campaign feels confident that it will receive enough financial support to make a viable run at the ballot.

The current draft allows for possession of up to two ounces of cannabis and up to twelve plants per household, with specific restrictions for individuals under 21. It also outlines prohibitions for possession and public consumption in certain areas, such as schools, and states that it does not affect laws dealing with hemp or change the State’s existing medical marijuana program.

In recent years, sentiment surrounding cannabis legalization in South Dakota appears to have waned. A poll leading up to last year’s election found that 51 percent of South Dakotans planned to vote against the measure. However, the campaign and other advocates remain hopeful, recognizing that regulatory changes may follow if legalization is approved.

South Dakota’s journey towards cannabis legalization continues to be a complex and evolving process. The public comment period represents a crucial phase where revisions can be made to the initiative to ensure clarity and fairness in the wording. With these adjustments, campaigners believe they are on the path to making a successful run at the ballot, provided they secure the necessary funding and support.