South Dakota Initiated Measure 29, Marijuana Legalization Initiative (2024)

South Dakota Initiated Measure 29
Election date November 5, 2024
Topic Marijuana
Status d Defeated
Type State statute	Origin Citizens

South Dakota Initiated Measure 29, the Marijuana Legalization Initiative, was on the ballot in South Dakota as an initiated state statute on November 5, 2024. The ballot measure was defeated.

A "yes" vote supported legalizing the recreational use, possession, and distribution of marijuana.

A "no" vote opposed legalizing the recreational use, possession, and distribution of marijuana.

Election results

See also: Results for marijuana and psychedelics ballot measures, 2024

South Dakota Initiated Measure 29
Result		Votes	Percentage
Yes		189,916	44.46%
No		237,228	55.54%

Results are officially certified.

Source

Overview

What would Initiated Measure 29 have done?

See also: Text of measure

Initiated Measure 29 would have legalized the recreational use, possession, and distribution of marijuana and marijuana paraphernalia for individuals aged 21 and over. It would have set possession limits at 2 ounces of marijuana, 16 grams of concentrated cannabis, and 1,600 mg of THC contained in cannabis products.

The measure would have allowed individuals to possess up to six marijuana plants, with a maximum of 12 plants per household, provided the plants were kept in a private residence, in a locked space, and out of public view.

The measure would have maintained prohibitions on the possession, ingestion, and distribution of marijuana and marijuana paraphernalia for individuals under 21. It would have also banned operating a vehicle or being inside an operated vehicle while under the influence of marijuana. Additionally, it would have prohibited marijuana use on the grounds of any preschool, elementary school, high school, or juvenile detention facility and banned smoking cannabis in public places or where tobacco smoking is prohibited.

The measure would not have required employers to permit or accommodate employee conduct allowed by the measure, nor would it have restricted employers from enforcing rules on cannabis use among employees.

Did South Dakota voters previously vote to legalize marijuana?

See also: Marijuana ballot measures in South Dakota

This was the third time South Dakota voters decided on legalizing recreational marijuana.

In 2020, South Dakota voters approved Constitutional Amendment A by a vote of 54.18%-45.82% to legalize recreational marijuana. Voters also approved Initiated Measure 26 in the same election, which legalized medical marijuana. However, in 2021, Circuit Judge Christina Klinger ruled that the measure was unconstitutional, finding that it violated the state’s single-subject rule and constituted a revision of the constitution rather than an amendment. South Dakotans for Better Marijuana Laws, who also sponsored Amendment A, appealed to the South Dakota Supreme Court, which upheld the lower court ruling.

In 2022, South Dakotans for Better Marijuana Laws qualified another marijuana legalization measure for the ballot, Initiated Measure 27, which would have legalized the recreational use of marijuana for anyone over 21. Voters rejected the measure by a vote of 47.08%-52.92%.

Who was behind the campaigns surrounding the initiative?

South Dakotans for Better Marijuana Laws Inc was leading the campaign in support of the initiative. Matthew Schweich, the director of South Dakotans for Better Marijuana Laws, said in support of the measure, "I think for me, the strongest reason at its core is that if we’re going to allow alcohol to be legal in our society, then it makes absolutely no sense to punish people for using cannabis because alcohol is more harmful to the individual and to society than cannabis."

Protecting South Dakota Kids was leading the campaign opposing the initiative. Protecting South Dakota Kids said opposing the measure, "We need your support to fight off a well-funded, out of state pot lobby that has invested millions to 'educate' South Dakotans about the 'merits' of their product while seeking to increase their market at the expense of the health and safety of our families and our communities. Increased sales increase suicide, mental illness, lowered IQ’s, and add more crime and more addiction!"

Text of measure

Ballot title

The official ballot title was as follows:

“

Title: An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana. Attorney General Explanation: This initiated measure allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana in a form other than marijuana concentrate or other marijuana products. Individuals may possess up to six marijuana plants with no more than twelve plants per household. The measure also places limits on the possession of other forms of marijuana and marijuana products. Under the measure, the possession, ingestion, and distribution of marijuana and marijuana paraphernalia remains illegal for individuals under the age of 21. Driving under the influence of marijuana remains illegal. The measure restricts where individuals may possess or consume marijuana, such as schools or where tobacco is prohibited. The measure allows employers to restrict an employee's use of marijuana. Property owners may also regulate the use of marijuana on their property. The measure does not affect State laws dealing with hemp. It also does not change laws concerning the State's medical marijuana program. The measure legalizes marijuana-derived substances considered felony controlled substances under State law. Marijuana remains illegal under federal law. Judicial or legislative clarification of this measure may be necessary. Vote "Yes" to adopt the initiated measure. Vote "No" to leave South Dakota law as it is.

”

Full text

The full text of the ballot initiative is below:

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 20, and the FRE is -24. The word count for the ballot title is 12.

The FKGL for the ballot summary is grade level 15, and the FRE is 15. The word count for the ballot summary is 193.

Support

South Dakotans for Better Marijuana Laws Inc was leading the campaign in support of the initiative.

Arguments

• Matthew Schweich, director of South Dakotans for Better Marijuana Laws: "I think for me, the strongest reason at its core is that if we’re going to allow alcohol to be legal in our society, then it makes absolutely no sense to punish people for using cannabis because alcohol is more harmful to the individual and to society than cannabis."

Oppose

Protecting South Dakota Kids was leading the campaign opposing the initiative.

Arguments

• Protecting South Dakota Kids: "We need your support to fight off a well-funded, out of state pot lobby that has invested millions to 'educate' South Dakotans about the 'merits' of their product while seeking to increase their market at the expense of the health and safety of our families and our communities. Increased sales increase suicide, mental illness, lowered IQ’s, and add more crime and more addiction!"

Campaign finance

See also: Campaign finance requirements for South Dakota ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2024.

South Dakotans for Better Marijuana Laws was registered in support of the ballot measure.

Protecting South Dakota Kids and the Protecting SD Kids Ballot Question Committee were registered to oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$1,299,852.16	$281,367.70	$1,581,219.86	$1,313,620.69	$1,594,988.39
Oppose	$502,713.63	$3,120.00	$505,833.63	$502,661.37	$505,781.37
Total	$1,802,565.79	$284,487.70	$2,087,053.49	$1,816,282.06	$2,100,769.76

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Initiated Measure 29
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
South Dakotans for Better Marijuana Laws Inc.	$901,289.16	$224,589.45	$1,125,878.61	$895,722.93	$1,120,312.38
Yes on 29	$398,563.00	$56,778.25	$455,341.25	$417,897.76	$474,676.01
Total	$1,299,852.16	$281,367.70	$1,581,219.86	$1,313,620.69	$1,594,988.39

Donors

The following were the top donors who contributed to the support committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
GLP SD LLC	$230,000.00	$0.00	$230,000.00
Genesis Farms LLC	$140,000.00	$0.00	$140,000.00
Besame Wellness SD LLC	$110,000.00	$0.00	$110,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the measure.

Committees in opposition to Initiated Measure 29
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Protecting SD Kids Ballot Question Committee	$464,881.40	$3,120.00	$468,001.40	$464,857.27	$467,977.27
Protecting SD Kids PAC	$37,832.23	$0.00	$37,832.23	$37,804.10	$37,804.10
Total	$502,713.63	$3,120.00	$505,833.63	$502,661.37	$505,781.37

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

South Dakota Initiated Measure 29, Marijuana Legalization Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

South Dakota News Watch	10/12/24-10/26/24	500 RV	± 3.3%	44%	51.4%	4.6%
	Question: "How will you vote on recreational marijuana measure?"

Emerson College Polling/KELO-TV/The Hill	10/19/24-10/22/24	825 LV	± 3.3%	45.3%	50.2%	4.5%
	Question: "Would you vote yes or no on South Dakota Initiated Measure 29, An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana? A yes vote adopt the measure to allow individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. A no vote would leave the law as is."

South Dakota News Watch/Chiesman Center for Democracy	05/10/24-5/13/24	500 RV	± 4.5%	41.6%	51.8%	6.6%
	Question: "Do you support the recreational marijuana initiative?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Marijuana ballot measures in South Dakota

Constitutional Amendment A (2020)

See also: South Dakota Constitutional Amendment A, Marijuana Legalization Initiative (2020)

In 2020, South Dakota voters approved Amendment A, which legalized the recreational use of marijuana and required the South Dakota State Legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022. Amendment A was passed by 54.18%-45.82% on November 3, 2020.

On February 8, 2021, Circuit Judge Christina Klinger ruled that the measure was unconstitutional, finding that it violated the state's single-subject rule and constituted a revision of the constitution rather than an amendment. Amendment A sponsors South Dakotans for Better Marijuana Laws appealed to the South Dakota Supreme Court, which upheld the lower court ruling.

Initiated Measure 27 (2022)

See also: South Dakota Initiated Measure 27, Marijuana Legalization Initiative (2022)

In 2022, South Dakota voters defeated Initiated Measure 27 by 47.08%-52.92%. Initiated Measure 27 would have legalized the use and possession of recreational marijuana, as well as marijuana accessories and paraphernalia, in South Dakota for people who are at least 21 years old.

There were some differences between Amendment A and Initiated Measure 27.

• Amendment A authorized the State Department of Revenue to issue marijuana-related licenses for commercial cultivation, testing, manufacturing, wholesale, and retail. Initiated Measure 27 did not cover licensing.
• Amendment A imposed a 15% tax on marijuana sales, while Initiated Measure 27 did not cover any taxation.
• Amendment A authorized local governments to enact regulations surrounding licensees operating in its jurisdiction, while Initiated Measure 27 did not cover local regulations.
• Amendment A required the South Dakota State Legislature to pass laws providing for a program for medical marijuana and the sale of hemp by April 1, 2022. Initiated Measure 27 did not cover hemp or medical marijuana.

Recreational marijuana by state

As of May 31, 2024, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.

• In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

Marijuana laws enacted by statewide ballot measures

The following table provides information on states that have legalized recreational marijuana or medical marijuana through state ballot measures.

State	Year	Measure	Yes	No	Origin	Type
Alaska	1998	Measure 8	58.67%	41.33%	Initiative	Medical
Nevada	1998	Question 9	58.65%	41.35%	Initiative	Medical
Oregon	1998	Measure 67	54.60%	45.40%	Initiative	Medical
Washington	1998	Initiative 692	58.97%	41.03%	Initiative	Medical
Maine	1999	Question 2	61.41%	38.59%	Initiative	Medical
Colorado	2000	Initiative 20	53.78%	46.22%	Initiative	Medical
Nevada	2000	Question 9	65.38%	34.62%	Initiative	Medical
Montana	2004	I-148	61.81%	38.19%	Initiative	Medical
Michigan	2008	Proposal 1	62.66%	37.34%	Initiative	Medical
Maine	2009	Question 5	58.87%	41.13%	Initiative	Medical
Arkansas	2016	Issue 6	53.11%	46.89%	Initiative	Medical
Montana	2016	I-182	57.87%	42.13%	Initiative	Medical
North Dakota	2016	Measure 5	63.79%	36.21%	Initiative	Medical
Missouri	2018	Amendment 2	65.59%	34.41%	Initiative	Medical
Oklahoma	2018	State Question 788	56.86%	43.14%	Initiative	Medical
Utah	2018	Proposition 2	52.75%	47.25%	Initiative	Medical
Mississippi	2020	Ballot Measure 1	68.52%	31.48%	Initiative	Medical
South Dakota	2020	Initiated Measure 26	69.92%	30.08%	Initiative	Medical
Colorado	2012	Initiative 64	55.32%	45.68%	Initiative	Recreational
Washington	2012	Initiative 502	55.70%	44.30%	Initiative	Recreational
Washington, D.C.	2014	Initiative 71	70.06%	29.94%	Initiative	Recreational
Alaska	2014	Ballot Measure 2	53.23%	46.77%	Initiative	Recreational
California	2016	Proposition 64	57.13%	42.87%	Initiative	Recreational
Massachusetts	2016	Question 4	53.66%	46.34%	Initiative	Recreational
Maine	2016	Question 1	50.26%	49.74%	Initiative	Recreational
Nevada	2016	Question 2	54.47%	45.53%	Initiative	Recreational
Michigan	2018	Proposal 1	55.89%	44.11%	Initiative	Recreational
Arizona	2020	Proposition 207	60.03%	39.97%	Initiative	Recreational
Montana	2020	CI-118	57.84%	42.16%	Initiative	Recreational
Montana	2020	I-190	56.90%	43.10%	Initiative	Recreational
New Jersey	2020	Public Question 1	67.08%	32.92%	Referral	Recreational
Maryland	2022	Question 4	67.20%	32.80%	Referral	Recreational
Missouri	2022	Amendment 3	53.10%	46.90%	Initiative	Recreational
Ohio	2023	Issue 2	57.19%	42.81%	Initiative	Recreational

Path to the ballot

Process in South Dakota

See also: Laws governing the initiative process in South Dakota

In South Dakota, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted by the first Tuesday of May during a general election year.

The requirements to get an initiated state statute certified for the 2024 ballot:

• Signatures: 17,509 valid signatures were required.
• Deadline: The deadline to submit signatures was May 7, 2024.

Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method.

Stages of this ballot initiative

• The South Dakota Secretary of State approved the initiative for circulation on September 6, 2023.
• On May 7, 2024, South Dakotans for Better Marijuana Laws submitted 29,030 signatures to the secretary of state.
• On June 3, 2024, the secretary of state's office announced that 22,558 signatures were deemed valid based on the random sampling.

How to cast a vote

See also: Voting in South Dakota

See below to learn more about current voter registration rules, identification requirements, and poll times in South Dakota.

How to vote in South Dakota

Poll times

In South Dakota, all polls are open from 7 a.m. to 7 p.m. If the polls close while you are still in line, you will be permitted to vote. South Dakota is divided between Central and Mountain time zones.

Registration

Check your voter registration status here.

To register to vote in South Dakota, an applicant must be a citizen of the United States, a resident of South Dakota, and at least 18 years old by the day of the next election.

The deadline to register to vote is 15 days before the next election. To register, an applicant may submit a voter registration form to the county auditor. Prospective voters can also register in person at the county auditor's office, driver's license stations, certain public assistance agencies, or military recruitment offices.

Automatic registration

South Dakota does not practice automatic voter registration.

Online registration

See also: Online voter registration

South Dakota does not permit online voter registration.

Same-day registration

South Dakota does not allow same-day voter registration.

Residency requirements

To register to vote in South Dakota, you must be a resident of the state for at least thirty consecutive days.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

South Dakota does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The South Dakota Secretary of State’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

South Dakota requires voters to present photo identification while voting.

Voters can present the following forms of identification:

• South Dakota driver's license or nondriver ID card
• U.S. government photo ID
• U.S. passport
• U.S. Armed Forces ID
• Current student photo identification card from a South Dakota high school or South Dakota accredited institution of higher education
• Tribal photo ID

If a voter does not have a photo ID, he or she can sign a personal identification affidavit. The voter will then be given a regular ballot.

See also

2024 measures

• 2024 ballot measures
• Marijuana on the ballot

South Dakota

• South Dakota ballot measures
• South Dakota ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Petition Approved to Circulate (2024)