South Dakota is on the verge of becoming the latest state to authorize the use of cannabis for adults. Attorney General Marty Jackley recently presented a proposal for this initiative to Secretary of State Monae Johnson on November 17. In compliance with state laws, a preliminary outline of the proposal has been disclosed, allowing for a public commentary period of 10 days.
This opens a window until November 27 for residents of South Dakota to share their views on the proposal. Subsequently, the Attorney General has a span of another 10 days to finalize and present the comprehensive summary of the bill to the State Secretary.
For this bill to be considered in the 2024 ballot, it needs the backing of 17,509 state residents through a petition. The state’s population was slightly over 800,000 as per the 2021 census.
Back in 2020, the state’s electorate approved Initiated Measure 26, which sanctioned medical cannabis. As of November 20, 2023, the state has 254 certified practitioners and 12,791 patients with approved cards. Currently, there are 90 operational medical cannabis dispensaries in South Dakota.
A Second Attempt
This isn’t the first instance of South Dakota attempting to pass a law for adult-use cannabis. In 2020, a measure for legalizing adult-use cannabis was turned down by the voters. Marijuana Moment reported that an earlier version had been passed but was later nullified by the state Supreme Court. The Governor’s stance has been largely opposing adult-use cannabis, and surveys suggest that proponents of this initiative face significant challenges.
Moreover, there’s another bill in consideration that aims to revoke the state’s medical cannabis law, alongside a proposal to prevent the legalization of substances currently prohibited at the federal level. As reported by Marijuana Moment, the state attorney general completed the ballot explanation for the medical marijuana repeal measure in August. However, South Dakotans for Better Marijuana Laws argue that this repeal bill didn’t adhere to the proper procedures and should be dismissed.
Priority to Medical Operators
Should the new legislation be adopted, existing medical cannabis businesses would be eligible for dual-use licenses, allowing them to sell cannabis to adults over 21 for non-medical use. While local authorities would not be able to prohibit adult-use dispensaries, they could regulate the number of licenses issued.
Under the proposed law, individuals could cultivate up to six plants, and a household could grow a maximum of 12 plants. However, driving under the influence of cannabis would remain illegal, and consumers would need to be at least 21 years old.
A National Milestone
The decision by South Dakota could be a pivotal moment nationally. Following Ohio’s move to become the 24th state to legalize adult-use cannabis, South Dakota’s potential decision could bring half of the United States into alignment with this policy. This is reminiscent of the end of alcohol prohibition, where 36 states had legalized alcohol by 1933, prompting the federal government to repeal prohibition with the 21st amendment.
