In a little over three months, South Dakota voters will have another opportunity to legalize recreational marijuana via Measure 29.
(Photo credit: Getty Images).
This marks the third attempt over the past four years by the group South Dakotans for Better Marijuana Laws to secure legalization in the state. The new measure, Measure 29, seeks to legalize the possession, use, and distribution of marijuana for adults aged 21 and over.
If passed, the initiative would allow individuals to possess up to one ounce of marijuana and cultivate up to three plants for personal use. The measure also proposes a regulatory framework for commercial sales, including licensing and taxation provisions aimed at generating revenue for the state.
The initiative comes on the heels of a tumultuous history with marijuana legalization in South Dakota. In 2020, South Dakotans for Better Marijuana Laws successfully passed Amendment A, which similarly sought to legalize recreational marijuana. However, the amendment was later overturned by the state’s Supreme Court, which ruled that it violated the state’s single-subject rule. The court found that the measure’s provisions were too broad, encompassing multiple unrelated issues within a single proposal.
In 2022, the group rallied again, placing Initiated Measure 27 on the ballot. Despite their efforts, the measure narrowly failed, falling short by just a few percentage points. Analysts attributed the failure to lower voter turnout, with 2022 not being a presidential election like in 2020.
Measure 29 aims to address previous concerns and build on the momentum generated in prior campaigns. With this third attempt, advocates for Measure 29 are hopeful that this time, voters will decisively support the legalization of recreational marijuana, paving the way for a regulated market and a new chapter in South Dakota’s approach to cannabis. If they’re successful, they’ll join 24 other states that have legalized marijuana for recreational use (potentially 26, if Florida and North Dakota approve their marijuana initiatives in November).
