South Dakota Initiated Measure 26, Medical Marijuana Initiative (2020)

South Dakota Initiated Measure 26
Election date November 3, 2020
Topic Marijuana
Status a Approved
Type State statute	Origin Citizens
List of South Dakota measuresInitiated Measure 26Constitutional Amendment AConstitutional Amendment BSubmit

South Dakota Initiated Measure 26, the Medical Marijuana Initiative, was on the ballot in South Dakota as an initiated state statute on November 3, 2020. It was approved.

A "yes" vote supported establishing a medical marijuana program in South Dakota for individuals with a debilitating medical condition.

A "no" vote opposed establishing a medical marijuana program in South Dakota for individuals with a debilitating medical condition.

Under Initiated Measure 26, medical marijuana became legal in South Dakota on July 1, 2021. The IM 26 task force met on July 7, 2021, to discuss rules and regulations for implementing the program. On October 26, 2021, the state legislature's Rules Review Committee voted 6-0 to adopt 148 rules for medical marijuana in the state.

Election results

South Dakota Initiated Measure 26
Result		Votes	Percentage
Yes		291,754	69.92%
No		125,488	30.08%

Results are officially certified.

Source

Overview

What did Initiated Measure 26 do?

See also: Measure design

The measure established a medical marijuana program in South Dakota for individuals who have a debilitating medical condition as certified by a physician. Under the measure, patients are allowed to possess a maximum of three ounces of marijuana. Limits on the amount of cannabis products a person may possess would be set by the Department of Health. According to the measure, patients registered to cultivate marijuana at home could grow three plants at minimum, or another amount as prescribed by a physician.

How did Initiated Measure 26 get on the ballot?

See also: Path to the ballot

The initiative was filed by Melissa Mentele, executive director of New Approach South Dakota. Proponents reported submitting more than 30,000 signatures on November 4, 2019. On December 19, 2019, the South Dakota Secretary of State's office announced that proponents submitted 25,524 valid signatures, indicating a signature validity rate of about 75%.

What did the other marijuana initiative on the ballot do?

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

Constitutional Amendment A was also on the 2020 ballot in South Dakota. It was approved. It legalized recreational marijuana. New Approach South Dakota, Marijuana Policy Project, and South Dakotans for Better Marijuana Laws support Initiated Measure 26 as well as Constitutional Amendment A. South Dakota was the first state to vote on recreational and medical marijuana at the same election.

What is the status of medical marijuana in the United States?

See also: Medical marijuana in the United States

As of 2020 33 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 13 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.

What is the federal government's policy on marijuana?

See also: Federal policy on marijuana

The federal government has classified marijuana as an illegal controlled substance since 1970. Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law.

Measure design

The measure established a medical marijuana program in South Dakota for individuals who have a debilitating medical condition and are certified by a physician.

Qualifying conditions

Under the measure, a debilitating medical condition means, "A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis." Under the measure, the Department of Health could add additional qualifying conditions.

Marijuana possession limits

Under the measure, patients may possess a maximum of three ounces of marijuana. The Department of Health is required to establish a limit on the quantity of cannabis products a person may possess. According to the measure, patients registered to cultivate marijuana at home can grow three plants at minimum, or another amount as prescribed by a physician.

Department of Health role in implementing the measure

The measure requires the Department of Health, no later than 120 days after the effective date of the initiative, to enact rules related to implementing South Dakota's medical marijuana program. Since ballot measures in South Dakota take effect on July 1 following completion of the official canvass by the State Canvassing Board, 120 days after the measure's expected effective date of July 1, 2020, was October 29, 2021.

The Department of Health was required under the measure to issue registry identification cards to qualified patients no later than 140 days after the effective date of the measure.

Text of measure

Ballot title

The ballot title for this measure was as follows:

“

An initiated measure to legalize marijuana for medical use.

”

Ballot summary

The ballot explanation for this measure was as follows:

“ This measure legalizes medical use of marijuana by qualifying patients, including minors. "Medical use" includes the use, delivery, manufacture-and for State residents, cultivation-of marijuana and marijuana-based products to treat or alleviate debilitating medical conditions certified by the patients' practitioners. South Dakota patients must obtain a registration card from the State Department of Health. Non-residents may use out-of-state registration cards. Patients may designate caregivers to assist their use of marijuana; the caregivers must register with the Department. Cardholders may possess 3 ounces of marijuana and additional amounts of marijuana products. Additionally, if a resident cardholder is allowed to grow marijuana plants the cardholder may possess a minimum of 3 plants, as well as marijuana and products made from those plants. The measure legalizes marijuana testing, manufacturing, and cultivation facilities, as well as marijuana dispensaries. These establishments must register with the Department. The measure legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law. The measure limits State and local law enforcement's ability to assist Federal law enforcement authorities. The 95-section measure contains numerous other provisions not described here. It will likely require judicial or legislative clarification. ”

Full text

The full text of the measure is available here.

Readability score

See also: Ballot measure readability scores, 2020

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 16, and the FRE is 0. The word count for the ballot title is 9, and the estimated reading time is two seconds. The FKGL for the ballot summary is grade level 15, and the FRE is 13. The word count for the ballot summary is 198, and the estimated reading time is 52 seconds.

Support

New Approach South Dakota and South Dakota for Better Marijuana Laws led the campaign in support of IM 26 and Amendment A. Drey Samuelson was the political director for both Constitutional Amendment A and Initiated Measure 26 on the 2020 ballot.

Supporters

Former Officials

• Former U.S. Senator Tom Daschle (D)

Organizations

• Marijuana Policy Project
• New Approach PAC
• South Dakotans for Better Marijuana Laws

Arguments

• Melissa Mentele of New Approach South Dakota: "I do foresee South Dakota voters taking a perfect hard look at it. And a lot of them voting with their heart. Because we're a compassionate state and we understand that taking care of each other is what is important. And giving these patients that option is probably going to happen. And I think it's a great thing for everyone."
• South Dakotans for Better Marijuana Laws: "Our mission is to reform South Dakota’s harmful and outdated marijuana policies. We believe arresting adults for something objectively safer than alcohol is a wasteful and unjust use of public resources. We also believe patients deserve safe, legal access to medical marijuana."

Official arguments

Ballot Question Pamphlet Arguments: "South Dakotans should vote “Yes” on Measure 26 so that those with serious health conditions, including veterans, children with seizures, and cancer patients, are treated with compassion and allowed to make the best medical decisions for themselves and their loved ones. Measure 26 will: Establish a well-regulated program administered by the Department of Health to allow patients diagnosed with serious medical conditions to access medical cannabis upon the recommendation and advice of their physician. Allow families, patients, and physicians to make the best decision about the patient’s health without fear of arrest. Create an additional tool for healthcare professionals to alleviate suffering and help patients in cases where other medications are ineffective or less safe. Align South Dakota’s cannabis laws with those already established in 33 other states. South Dakota we pride ourselves on trusting our citizens to make individual choices that are best for us and our families. Governor Noem often praises South Dakotans for being responsible and hardworking and recently emphasized our “commitment to that American ideal, to freedom, and to trusting our citizens to exercise their personal responsibility to do what’s best for themselves and their loved ones.” This trust should extend to medical cannabis. Patients and families should be empowered to make their own health decisions. It is our duty as voters to support freedom and these fundamental South Dakota values of compassion and personal responsibility. Measure 26 was put before South Dakota voters thanks to the dedication of hundreds of volunteers who believed that seriously ill patients deserve this choice. We humbly ask for a “Yes” vote on Measure 26."

The arguments in support of Initiated Measure 26 in the 2020 Ballot Question Pamphlet were written by Melissa Mentele (campaign manager, mother, small business owner, executive director for New Approach South Dakota, advocate); George Hendrickson (father of a child with Dravet Syndrome, former police officer, small business owner, advocate); and Kristin Hendrickson (mother, MSN, RN, disability rights advocate).

Opposition

Opponents

Organizations

• South Dakota State Medical Association

Arguments

Official arguments

Ballot Question Pamphlet Arguments: "South Dakota State Medical Association urges a “no” vote and maintains that marijuana is a hazardous drug and a public health concern. The use of non-FDA approved marijuana for medical purposes carries serious safety risks by circumventing FDA processes. Marijuana for medical purposes is federally classified as schedule I, meaning there is no accepted medical use and a high potential for abuse. The majority of clinical research has failed to identify a medical use for the drug while showing marijuana to be highly addictive and to have negative consequences with both short- and long-term use, including impaired short-term memory, decreased concentration and attention span. Alterations in motor control, coordination, judgement and reaction time have also been documented as well as having a negative impact on lung function. Studies have also linked marijuana use with higher rates of psychosis in patients with a predisposition to schizophrenia. In addition, marijuana use has the potential to cause brain atrophy and permanently change the structure and physiology of the developing brain. Unstandardized prescribing and documenting, along with the inability to rapidly and effectively detect use or overuse creates a significant barrier to good patient care. Moreover, nonstandardized medical use creates health risks including the possibility of death due to toxicity, drug interaction or unrecognized adverse effects. Marijuana does not possess characteristics to be considered legitimate medication. The United States’ drug approval process for evaluating potential medicines has worked effectively for over 50 years – it is a thorough, deliberate, and exacting process grounded in science, and properly so, because safety relies on it. Marijuana is not FDA approved and should not be used as treatment for medical conditions. This measure seeks to undermine the FDA process. It is important to vote “no” to ensure that patients have a right to safe and properly approved drugs."

The arguments in opposition to Initiated Measure 26 in the 2020 Ballot Question Pamphlet were written by 'Benjamin Aaker, MD (South Dakota State Medical Association President).

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, 2020.

New Approach South Dakota and South Dakotans for Better Marijuana Laws supported Initiated Measure 26 and Constitutional Amendment A. Together, the committees raised $2.35 million and spent $1.6 million. New Approach PAC contributed $1.82 million in cash and $54,892 in in-kind contributions to both committees.

South Dakotans for Better Marijuana Laws spent $595,235.22 on signature gathering to collect the 33,921 required signatures for Constitutional Amendment A, resulting in a cost-per-required-signature of $17.55. The committee also spent $252,616.78 on signature gathering to collect the 16,961 required signatures for Initiated Measure 26, resulting in a cost-per-required-signature of $14.89. That amount was reported as an in-kind contribution given to New Approach South Dakota.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$1,941,158.79	$412,105.37	$2,353,264.16	$1,190,373.91	$1,602,479.28
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$1,941,158.79	$412,105.37	$2,353,264.16	$1,190,373.91	$1,602,479.28

To avoid double-counting funds, Ballotpedia subtracts contributions from one committee to another from the contributing committee's contributions and expenditures.

Support

Committees in support of Initiated Measure 26
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
South Dakotans for Better Marijuana Laws	$1,865,753.79	$125,221.94	$1,990,975.73	$1,116,168.35	$1,241,390.29
New Approach South Dakota	$75,405.00	$286,883.43	$362,288.43	$74,205.56	$361,088.99
Total	$1,941,158.79	$412,105.37	$2,353,264.16	$1,190,373.91	$1,602,479.28

Top donors

The top five donors to the support campaign are listed below.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
New Approach PAC	$1,867,115.94	$54,152.97	$1,921,268.91
FSST Pharms, LLC	$100,000.00	$0.00	$100,000.00
Justin Johnson	$100,000.00	$0.00	$100,000.00
Marijuana Policy Project	$4,129.03	$54,891.55	$59,020.58
Riichard J Steves Jr	$50,000.00	$0.00	$50,000.00

Opposition

Ballotpedia did not identify any statewide ballot question committees registered to oppose the initiative. If you are aware of one, submit information to editor@ballotpedia.org.

Methodology

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

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

Mason-Dixon Polling & Strategy conducted a poll of 625 registered South Dakota voters from October 19-21, 2020. Participants were asked how they planned to vote on the measure. Poll results for the measure are detailed below.

South Dakota Initiated Measure 26
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Mason-Dixon Polling & Strategy poll 10/19/20 - 10/21/20	74.0%	23.0%	3.0%	+/-4.0	625
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Medical marijuana in the United States

See also: Medical marijuana and History of marijuana ballot measures and laws

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes. In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal. Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances.

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section. Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law. Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.

Federal policy on marijuana

See also: Federal policy on marijuana, 2017-2018

The federal government has classified marijuana as an illegal controlled substance since 1970. Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). According to the White House Office of National Drug Control Policy, marijuana has "high abuse potential and no approved therapeutic use through the Food and Drug Administration (FDA) process for establishing medications."

On January 4, 2018, the Trump administration rescinded the Cole Memorandum, a 2013 policy that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. Attorney General Jeff Sessions said that in deciding which activities to prosecute under federal laws, such as the Controlled Substances Act, "prosecutors should follow the well-established principles that govern all federal prosecutions. ... These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community."

As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law.

Marijuana laws ballot measuresin 2020

See also: 2020 marijuana legalization and marijuana-related ballot measures

State ballot measures

The following is a list of marijuana-related statewide ballot measures that were on the ballot in 2020:

Ballot Measure:	Outcome:
Mississippi Initiative 65 and Alternative 65A: Medical Marijuana Amendment	ot
New Jersey Public Question 1: Marijuana Legalization Amendment	a
Arizona Proposition 207: Marijuana Legalization Initiative	a
South Dakota Constitutional Amendment A: Marijuana Legalization Initiative	a/ot
Montana CI-118: Allow for a Legal Age for Marijuana Amendment	a
Montana I-190: Marijuana Legalization Initiative	a

Marijuana on the South Dakota ballot

South Dakotans rejected medical marijuana initiatives in 2006 and 2010. Initiative 4 on the 2006 ballot was defeated by a vote of 52% against to 48% in favor. Initiative 13 on the 2010 ballot was defeated by a vote of 63% against to 37% in favor.

Path to the ballot

See also: Laws governing the initiative process in South Dakota

The state process

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 2020 ballot:

• Signatures: 16,961 valid signatures were required.
• Deadline: The deadline to submit signatures was November 4, 2019.

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

Details about this initiative

• The initiative was filed by Melissa Mentele, executive director of New Approach South Dakota. It was approved for circulation on August 15, 2019.
• New Approach South Dakota submitted more than 30,000 signatures on November 4, 2019.
• On December 19, 2019, the South Dakota Secretary of State's office announced that proponents of the measure had submitted 25,524 valid signatures, indicating a signature validity rate of about 75%.

Cost of signature collection:
Sponsors of the measure hired a signature gathering company to collect signatures for the petition to qualify this measure for the ballot. A total of $252,616.78 was spent to collect the 16,961 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $14.89.

How to cast a vote

See also: Voting in South Dakota

Click "Show" to learn more about voter registration, identification requirements, and poll times in South Dakota.

How to cast a vote in South Dakota

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. 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 requirements 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

2020 measures

• 2020 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

• Attorney General's statement and full text
• 2020 Ballot Question Pamphlet

Support

• South Dakota for Better Marijuana Laws campaign website
• South Dakota for Better Marijuana Laws Facebook page
• South Dakota for Better Marijuana Laws Twitter page
• New Approach South Dakota campaign website
• New Approach South Dakota Facebook page
• New Approach South Dakota Instagram page

Opposition

Submit links to editor@ballotpedia.org.