South Dakota’s marijuana legalization will be on the November ballot for the third time

South Dakota could be on the brink of a significant shift in its cannabis laws, as a measure to legalize recreational marijuana will be on the Nov. 5 ballot.

On Monday, Secretary of State Monae Johnson (R) officially validated the proposal — making this South Dakota’s third attempt at reversing the law.

Under the proposed measure, individuals over the age of 21 would be permitted to possess, grow, ingest and distribute marijuana and related paraphernalia, with certain restrictions. Notably, possession would be limited to 2 ounces of marijuana in non-concentrated forms, with allowances for the cultivation of up to six plants per person. 

In South Dakota, a requirement of 17,508 signatures from registered voters is needed in order to qualify for a place on the ballot. The initiative, referred to as the South Dakota Cannabis Legalization Campaign, submitted 29,030 signatures to the secretary of state, well above the threshold required for ballot qualification.

However, the journey towards legalization has not been without hurdles. Opponents criticize the constitutionality of the amendment, with concerns raised about its implications for the state constitution.

This same proposal garnered approval from voters in 2020 alongside the legalization of medical marijuana, but after legal challenges orchestrated by Gov. Kristi Noem (R), the recreational portion was invalidated by the South Dakota Supreme Court. 

South Dakotans for Better Marijuana Laws, the non-profit organization leading the campaign, successfully got the proposal on the ballot again in 2022. However, about 53% of voters were not in favor of legalizing recreational marijuana, leaving the law to stay untouched.

“For us it was about more than cannabis, it was about the initiative process itself,” executive director of the non-profit, Matthew Schweich, told Dakota News Now. “Unfortunately we weren’t able to change the electorate in the way we hoped in that midterm, but now heading into a presidential election with far more voters participating, we’re confident if we do our jobs well we can get that victory in November.”