South Dakota marijuana legalization campaign submits signatures to state

South Dakota cannabis activists are hoping the third time is a charm.

A political campaign in the state called South Dakotans for Better Marijuana Laws said on Tuesday that it submitted more than 29,000 voter signatures to the state in favor of a ballot measure to legalize cannabis for adult-use, the Associated Press reported. Only 17,508 valid signatures are needed, so chances are good the measure will go to the voters.

If approved by the secretary of state, it’ll be the third time that South Dakotans get to weigh in on whether to legalize recreational marijuana. The issue first won in 2020 with 54% of the vote – the same year voters also legalized medical marijuana – but courts later struck down the adult-use measure via the courts in a lawsuit backed by Gov. Kristi Noem.

When advocates put recreational cannabis back on the ballot in 2022, it failed 53%-47%.

The current campaign, which is supported by the Marijuana Policy Project, would legalize personal possession, use, and cultivation. But the ballot question leaves specifics on an industry structure – including business license caps and tax rates – to the legislature.

Part of the reason for that, campaign manager Matt Schweich told the AP, was the 2021 court ruling that struck down the first ballot measure, in which the state’s Supreme Court found the initiative violated the “single-subject rule.” That meant the ballot question had to remain relatively simple to comply with state law.

South Dakota has an active medical marijuana industry, with scores of licensed companies, according to the state Department of Health. Those businesses could be poised to be big winners if the initiative passes and lawmakers decide to give existing cannabis companies the first crack at recreational sales, a common approach in many states.

Schweich told the AP he thinks the measure has a solid chance, citing generally higher turnout in presidential election years, such as this coming November.