South Dakota voters are going to the polls for the third time to decide on a ballot initiative to legalize marijuana

South Dakota voters will go to the polls Tuesday and decide again on a proposal to legalize marijuana for adults.

While voters approved a legalization measure on the 2020 ballot, it was subsequently overturned by the state Supreme Court. Another reform proposal was rejected by voters in 2022. Now supporters are hoping that it will work the third time.

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What Measure 29 would do:

• The initiative would allow adults 21 and older to purchase and possess up to two ounces of cannabis.
• Adults would also be able to grow up to six plants per person for personal use, an increase of three plants in the 2022 version.
• There is also a maximum of 12 plants per shared apartment – ​​double the previous limit of six plants.

What polls say about voters' preferences:

Recent polls on the South Dakota measure have not gone in the direction of the pro-legalization campaign, but the vote could still be close.

An Emerson College/KELOLAND/The Hill poll last month found that about 50 percent of likely voters oppose the cannabis measure, while 45 percent support it and 5 percent are still undecided.

A separate June poll also found the initiative lagging behind, with 52 percent of voters opposed to the reform and 42 percent in favor.

Campaign 2024:

For months before the measure was certified, it was unclear whether the grassroots effort of South Dakotans for Better Marijuana Laws (SDBML) would be able to meet the signature threshold to get on the ballot, given the lack of national industry and philanthropic financial support in this cycle was negligible. However, the campaign ultimately managed to qualify the initiative.

In December, the Secretary of State's Office approved a handout submitted by SDBML, a requirement that allowed the campaign to use paid activists to collect signatures alongside its grassroots network of volunteers who distributed petitions.

The campaign materials only include the title of attorney general and an explanation of the ballot measure, which was finalized in August.

After state officials confirmed the legalization measure was eligible for the vote this summer, the South Dakota Republican Party adopted a policy expressing “strong opposition” to the measure, and two Catholic dioceses also urged voters to do so to reject the initiative.

Previous legislative cannabis reform efforts in South Dakota:

After voters approved an initiative to legalize medical cannabis in 2020, the governor tried to get the Legislature to pass a bill that would delay implementation for another year. But despite receiving approval from the House of Representatives, conference negotiators were unable to reach an agreement with the Senate, handing the governor defeat.

In response, Gov. Kristi Noem's (D) office began exploring a compromise, with her administration's proposal to decriminalize possession of up to an ounce of cannabis, limiting the number of plants patients can grow to three and banning those under 21 from qualifying for medical marijuana.

In the 2022 legislative session, the House of Representatives rejected a Senate-passed legalization bill, leaving activists to vote again.

An Interim Marijuana Study Committee led by top lawmakers has been established to consider cannabis policy reform. In November 2021, the panel recommended that lawmakers move forward with legalization. The bill rejected by the House of Representatives was one of the direct results of that recommendation.

The governor separately signed a bill in February that would require patients to check a box on applications for medical marijuana cards certifying that they are aware that federal law prohibits cannabis users from purchasing and possessing firearms.

Live Marijuana Election 2024 Results

Photo courtesy of Mike Latimer.