South Dakota Initiative Would Repeal Medical Marijuana Law

South Dakota Attorney General Marty Jackley has released a draft ballot explanation for a proposed initiated that would repeal the state’s medical marijuana program.

This proposed initiated measure would repeal the state’s medical marijuana program that was approved by voters in the 2020 general election. The repeal would make all possession, use, cultivation, sale, manufacture, sale of marijuana, and marijuana products a crime.. The ballot explanation can be found here.

The measure is proposed by Travis Ismay of Newell. According to a press release from Jackley, the “Attorney General takes no position on any such proposal. He has provided a fair and neutral explanation on the proposed constitutional amendment to help assist the voters.”

State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed Thursday, July 27, and the deadline for comments on this explanation is Aug. 6, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Aug.16, 2023.

The initiated measure would require 17,509 valid petition signatures to qualify for the 2024 general election ballot.

To file written comments on a draft Attorney General’s explanation please use one of the following methods below. Copies of all received comments will be posted on this website.

Comments may be submitted via mail, or through hand delivery, to the Attorney General’s Office at:

Office of the Attorney General

Ballot Comment

1302 E. Hwy. 14, Suite 1

Pierre, SD 57501

Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by Aug. 6, 2023. Comments that are mailed must be received by the Attorney General’s Office before the deadline expires to be accepted.

Comments may also be emailed to [email protected] by Aug. 6, 2023.

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