Advocates of legalizing recreational marijuana in South Dakota are pushing to get the issue on the state’s November ballot once again. The initiative, which turned in about 29,000 signatures to election officials, needs 17,508 valid signatures to make the ballot. South Dakotans for Better Marijuana Laws Campaign Director, Matthew Schweich, believes that South Dakota has a unique and turbulent history when it comes to legalization compared to other states. He also mentions that similar efforts are underway in states like Florida and North Dakota.
In the past, South Dakota voters approved a medical marijuana initiative, but a measure to legalize recreational marijuana was struck down by the South Dakota Supreme Court in 2020 due to violating a single-subject rule. Governor Kristi Noem had initiated the challenge against the measure. Despite efforts in 2022, the proposal was defeated by voters. Noem also attempted to delay the legalization of medical marijuana by a year in 2021, which was eventually rejected by the Legislature.
Schweich supports the measure for various reasons, including freeing up law enforcement resources, providing better access for those who have difficulty obtaining medical marijuana cards, and generating tax revenue and job opportunities. He argues that punishing people for using cannabis while allowing alcohol to be legal does not make sense since alcohol is seen as more harmful. However, Protecting South Dakota Kids, a nonprofit group opposing legalization, fears increased crime rates, suicide rates, traffic fatalities, workplace injuries, and mental health problems if marijuana is legalized.
The ballot initiative in South Dakota aims to legalize recreational marijuana for individuals 21 and older with possession limits and cultivation restrictions. The proposed measure does not include regulations for business licensing, taxation, or other aspects due to the single-subject rule that restricted the scope of the initiative. Measure backers plan to work with the Legislature to pass implementation legislation if successful. Currently, South Dakota has strict laws against marijuana possession, distribution, and possession with intent to distribute, with penalties based on factors such as amount and previous convictions.
Schweich believes that the unique circumstances in South Dakota justify the third attempt to legalize recreational marijuana. He hopes that the measure has a better chance this year, especially with a higher voter turnout expected for the presidential election. The federal government’s proposal to reclassify marijuana as a less dangerous drug could also help normalize the issue for voters. Despite opposition from groups like Protecting South Dakota Kids, advocates are determined to push for legalization and believe that this could be the year it finally happens in the state.
