Cannabis legalization has been making waves across the U.S., and 2024 is shaping up to be a big year — especially for South Dakota. While the state’s journey toward cannabis reform has been a bit of a rollercoaster, this year could be the turning point. South Dakota is once again putting cannabis on the ballot, and this time, the stakes feel ~higher~ than ever.
After a back-and-forth battle that left many residents wondering when (or if) legal cannabis would ever arrive, South Dakotans now have the chance to make their voices heard. In this blog, we’re shining a spotlight on South Dakota’s cannabis reform history, breaking down what’s on the ballot this year, and exploring what cannabis legalization could mean for the future of the Mount Rushmore State.
South Dakota’s Current Stance on Cannabis
South Dakota has made several attempts to legalize cannabis over the years, but each effort continues to just miss the mark. It’s been a long journey for advocates of cannabis reform, and the state’s voters have already seen a few cannabis-related measures come and go.
Two Votes, Two Different Outcomes
In 2020, South Dakota reached a significant turning point when voters approved a constitutional amendment to legalize both medical and recreational cannabis with 54% of the vote. But, things didn’t go as planned:
- Supreme Court Overturns Recreational Cannabis: The South Dakota Supreme Court overturned the recreational component of the measure, ruling that it violated the state’s “one-topic” rule for constitutional amendments, which requires that any amendment proposed must focus on a single subject or issue.
- Medical Cannabis Moves Forward: Despite the ruling that shut down recreational use, the state moved forward with legalizing medical cannabis, which is still in place today.
In 2022, advocates made another attempt to legalize recreational cannabis, but this effort also faced challenges:
- 2022 Measure Fails: Advocates tried again with a scaled-back version of the 2020 amendment. This time, recreational cannabis legalization failed to pass, receiving only 47% of voter support.
- Frustrations in Failure :Advocates attributed the loss to the Supreme Court’s lengthy ruling process, arguing it left them insufficient time to adapt to the decision.
2024 Ballot Initiative: What’s on the Table?
Now, in 2024, voters will once again have their say with Initiated Measure 29 (IM 29). This new measure allows adults 21 and over to:
- Possess up to two ounces of cannabis
- Grow up to six plants (with a limit of 12 per household)
- Legally use, sell, and distribute marijuana
However, IM 29 is more refined than previous attempts — it doesn’t include any mention of licensing retail establishments, cultivation operations, or a 15% excise tax, which were key features of the 2020 amendment. By excluding these key features, the measure is simpler and less comprehensive, focusing only on legalizing personal use of recreational cannabis. There are also limits on where cannabis can be used, and employers and property owners retain the right to restrict its use, ensuring that broader regulatory questions will likely be addressed at a later stage.
Cannabis’s Potential Impact on South Dakota
Legalizing recreational cannabis in South Dakota could bring significant changes across the board, but one of the biggest impacts would likely be financial. While Initiated Measure 29 doesn’t include specific provisions for licensing or taxation, it opens the door for the state legislature to step in and decide how to regulate and tax the industry.
Potential Revenue Boost
With recent budget concerns — like a projected loss in state revenue from sales tax cuts and the possible elimination of grocery sales tax — legal cannabis could be a new source of much-needed income. States with legal cannabis markets have seen substantial boosts in tax revenue, and South Dakota could be no different.
Health Benefits and Alternatives
From a health perspective, legalizing recreational cannabis could provide residents with easier access to products that help manage pain, anxiety, and other conditions.
- In a 2018 study, over ⅔ of clinicians said marijuana should be legal for medical use and over half said they believe marijuana should be legal recreationally, from a medical standpoint.
With medical cannabis already legal in the state, advocates argue that recreational legalization would allow even more people to benefit from cannabis’s therapeutic effects without needing a medical card. Additionally, some advocates point out that cannabis could serve as an alternative to more harmful substances like opioids, potentially reducing rates of addiction and overdose.
Clearing the Haze: Justice Through Legalization
Legalization could also have a powerful effect on the state’s criminal justice system. By legalizing cannabis, South Dakota could see fewer arrests and incarcerations for minor cannabis offenses, which have historically impacted marginalized communities the most.
Reducing these arrests could ease the burden on law enforcement and the court system, allowing them to focus on more serious crimes. Social justice reform is a big part of the cannabis conversation, and for many, passing IM 29 could be a step toward reducing the negative impacts of prohibition on South Dakota’s communities.
Supporting Local Communities
Beyond just legalizing cannabis, a key benefit lies in supporting local communities. When cannabis businesses engage with residents, it’s about more than profits — it’s about building trust, creating jobs, and fostering pride in local ventures. By involving local farmers and entrepreneurs in South Dakota’s cannabis industry, the state can create a sustainable, community-focused market that benefits both businesses and residents.
Third Time’s The Charm: Get Out and Vote, South Dakota!
South Dakota is at a crossroads, and the 2024 vote on cannabis legalization could shape the future of the state. From potential financial benefits to health impacts and social justice reform, there’s a lot riding on Initiated Measure 29. Make sure to stay informed and show up to vote this November.
The power to shape South Dakota’s future is in your hands — don’t miss your chance to make an impact!
Sparking a New Era in South Dakota
Here at PufCreativ, we are passionate about helping cannabis brands integrate into their local communities. We value community engagement and social responsibility, ensuring businesses thrive while making a positive, lasting impact on the people they serve.
Legal cannabis could ignite South Dakota’s economic potential. By supporting local businesses and residents, the state has the chance to create an industry that drives growth, supports farmers, and fosters community pride. Together, South Dakotans can shape a future that promotes innovation and success that puts you first, and we are here to help.
Are you an up-and-coming medical cannabis business in South Dakota looking to make an impact in the recreational field? Contact us today!
The contents of this blog are intended for informational purposes only. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
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