Measure 29 - Recreational Marijuana

Ballot Icon Ballot Measure

FAILED

Result Icon Result

CONSERVATIVE

BALLOT LANGUAGE

This initiated measure (p. 8) 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.

Fiscal Note: The state and municipalities would collect minimal additional sales tax revenue, as the measure would not decriminalize the sale of cannabis but would decriminalize the sale of cannabis accessories. Counties could see incarceration expenses reduced by $581,556 every year.

WHAT IT MEANS

Yes

A "Yes" vote means that you desire to legalize recreational marijuana in South Dakota.

No

A "No" vote means that you do not desire to legalize recreational marijuana in South Dakota.

ARGUMENTS FOR AND AGAINST

Yes

  • “The primary impact of the initiative is that, if approved by voters on Election Day, it will legalize personal use and possession of cannabis for adults aged 21 or older in South Dakota. This would be a major step toward enhancing the personal freedom of South Dakotans and promoting common-sense policy. It is important to note that the initiative does not allow for unrestricted cannabis use. Policies like smoke-free and tobacco-free zones as well as existing laws against driving under the influence will remain in place. Individuals under 21 will still be prohibited from purchasing, possessing, or using cannabis. Additionally, the initiative does not interfere with workplace requirements such as drug testing for cannabis. We believe that Measure 29 represents a major step in the right direction for personal freedom in South Dakota. ” - Yes On 29 

  • “We firmly believe that South Dakotans deserve to make their own choices on how they live their lives, including the freedom to responsibly use cannabis.” - Zebadiah Johnson, Political Director, South Dakota for Better Marijuana Laws  

  • “As momentum for legalized cannabis grows across the nation, it is time to responsibly and safely make adult use cannabis a legal and taxable product in South Dakota. Millions of dollars will be generated for the things South Dakotans need such as updated roads and schools. The benefits of legalization extend far beyond tax revenue and job creation. Legalizing recreational marijuana can help address issues such as criminal justice reform, reducing the burden on our legal system, and refocusing law enforcement efforts on more pressing matters. “ - Grow South Dakota

  • "Trying to make marijuana illegal is like trying to make the wind illegal. It's impossible. You can't do it because there will always be a supply of marijuana in South Dakota. This allows a safe opportunity for them [legal adults] to have tested verified products for consumption. South Dakota is a very pro freedom state, and we want to make sure that everybody has that freedom." - Kittrick Jeffries, CEO and Owner, Puffy's Dispensary

No

  • “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!” - Protecting South Dakota Kids

  • “Vote No to legalized recreational marijuana and the increase in crime, teen suicides, and families issues that come with it. We need to reduce health challenges and accidents, not increase them.” - Vote No SD 

  • The South Dakota Republican Party, at its 2024 convention, passed a resolution that urged “all party members and Republican organizations to lend whatever practical support they can to assist in the campaign to defeat Initiated Measure 29.” 

  • “Among other harms, marijuana legalization results in more fatalities from drugged driving accidents, increased marijuana usage among minors, more marijuana-related emergency room visits, and increased calls to poison control centers due to marijuana use. Far from being a harmless drug, today’s marijuana is five to 15 times more potent than the “Woodstock Weed” of the 1970s. It throws fuel on the fire of America’s mental health crisis, being linked to depression, anxiety, suicidal ideation, and psychosis. The South Dakota Catholic Conference urges a NO vote on Initiated Measure 29.” - South Dakota Catholic Conference

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

Committees formed to SUPPORT South Dakota Initiated Measure 29, Marijuana Legalization Initiative:

SOUTH DAKOTANS FOR BETTER MARIJUANA LAWS, INC.

Selected Contributions TO South Dakotans for Better Marijuana Laws, Inc. include:

  • GLP SD, LLC
  • Grow South Dakota Ballot Committee
  • Genesis Farms
  • Marijuana Policy Project
  • Besame Wellness SD, LLC
  • New Approach Advocacy Fund
  • CIASD PAC
  • John Herting
  • Puffy's Dispensary, LLC
  • SCI Holdings
  • 605 Cannabis
  • Sydney Moyle
  • Shangri-La SD, LLC

No

Committees formed to OPPOSE South Dakota Initiated Measure 29, Marijuana Legalization Initiative:

PROTECTING SD KIDS PAC

Selected Contributions TO Protecting SD Kids PAC include:

  • Protecting South Dakota Kids, Inc.
  • Protecting South Dakota Kids
  • Brad Wheeler
  • Deb Wheeler
  • Mike & Stephani D'urso
  • Stephan Kovarik

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