NOTE: This is the fourth of seven stories previewing the seven different ballot questions South Dakota voters will weigh in on in the 2024 General Election. Absentee voting starts Sept. 20, the voter registration deadline is Oct. 21 and Election Day is Nov. 5.
SIOUX FALLS, S.D. (KELO) –Recreational marijuana is once again on the ballot in South Dakota in 2024.
The question comes in the form of Initiated Measure 29: “An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana.”
What would the measure do?
IM 29 would allow those 21-years of age or older in South Dakota to possess, grow, ingest and distribute marijuana and marijuana paraphernalia.
Specifically, people would be able to possess up to two ounces of marijuana, with separate limits on forms of marijuana such as concentrates and other products.
Concentrates, including hashish and cannabis extracts, would be limited to 16 grams per person
Individuals would be allowed to possess up to 6 marijuana plants, but no more than 12 per household would be allowed.
All ingestion, possession and distribution of marijuana and paraphernalia would remain illegal for those under 21, as would driving under the influence of marijuana.
KELOLAND News election resources
Possession and use of marijuana would be restricted in schools and places where tobacco is prohibited.
Employers would be allowed to restrict use by employees, as would property owners on their own property.
The measure would not impact hemp, and would not change laws concerning the state’s medical cannabis program.
The explanation of the measure by the Attorney General also carries a fiscal note, stating that while sales tax revenues may be minimal due to only the sale of cannabis accessories (not the sale of cannabis itself) being decriminalized, there would be an economic impact for counties.
Counties, the note states, could see incarceration expenses drop by $581,556 every year.
Yes vs. No vote
A “Yes” vote on IM 29 is a vote to approve access to recreational marijuana in South Dakota.
A “No” vote on IM 29 is a vote to reject allowing access to recreational marijuana in South Dakota.
History
Legalizing marijuana first hit the ballot in South Dakota in 2020 with a pair of ballot measures. The first was IM 26, a measure to legalize medical marijuana, and the second was Constitutional Amendment A, which looked to amend the state constitution to legalize marijuana for both recreational and medical use.
IM 26 passed by 70%, and Amendment A by 54%, but recreational did not come to fruition. In the end, a judge ruled that Amendment A, by including both medical and recreational marijuana, had violated the state’s single subject clause, killing Amendment A.
In 2022, another attempt at recreational was made, this time with IM 27. This measure failed on a 163,584 to 183,879 vote (53% to 47%) in a non-presidential election year, with proponents of the measure chalking the failure up to low voter turnout.
In 2024, Matthew Schweich and Quincy Hanzen sponsored another ballot measure to legalize marijuana in South Dakota. Gaining more than 17,500 signatures, the question was officially validated by the secretary of state in June.
What proponents, opponents say
In the South Dakota Secretary of State 2024 Ballot Question Pamphlet, proponents Matthew Schweich and Quincy Hanzen, both with South Dakotans for Better Marijuana Laws, said IM 29 would “protect personal freedom, improve public health and safety and restore the will of the people.”
“WILL improve public health and safety. Instead of wasting time and resources on arresting people for cannabis possession, law enforcement can focus on fighting real crime in our communities,” the proponent statement said. “At the same time, we can replace the illicit market with licensed businesses selling products that are tested for safety.”
The opponents to IM 29 in the ballot question pamphlet are Jim Kinyon and Rhonda Milstead, with Protecting South Dakota Kids, Travis Ismay, Concerned Citizens of South Dakota, and Dr. Forrest Brady, MD and Dr. April A. Anderson, LPC, EdD.
The opponents say South Dakota already laws allowing marijuana products for health reasons.
“IM 29 opens the door for increased crime, suicide rates, traffic fatalities, workplace injuries, reduction in workforce, mental health problems and youth use. This measure would harm South Dakota children, families, communities,” the opponent statement says. “Research shows that marijuana is a highly addictive gateway drug that increases abuse of opioids, fentanyl, alcohol, meth and other illicit drugs.”
