Second Adult-Use Cannabis Ballot Initiative Proposed in South Dakota

A second adult-use cannabis legalization measure is being proposed in South Dakota with Attorney General Marty Jackley last week releasing a draft of his official explanation of a proposal sponsored by Emmett Reistroffer, KELO reports. Jackley previously issued his explanation of a proposal to legalize cannabis for adult use by Matthew Schweich and Quincy Hazen in August. 

Reistroffer’s proposal would legalize the possession of up to three ounces of cannabis flower by adults and allow personal cultivation of up to 12 plants per household (six per person), according to Jackley’s analysis. The proposal by Schweich and Hazen would allow the personal possession of up to two ounces of flower with the same cultivation limits, Jackley’s analysis says.    

The attorney general’s analysis of both proposals notes that “driving under the influence of marijuana remains illegal,” cannabis possession would be restricted similar to where tobacco is prohibited, employers and property owners can impose restrictions, the programs would not affect the state’s hemp laws, and that cannabis remains outlawed under federal law.    

Each initiated measure requires 17,509 valid petition signatures from registered South Dakota voters to qualify for the 2024 general election ballot. The deadline to submit the signatures to the South Dakota Secretary of State is May 7, 2024. 

South Dakota voters in 2020 approved both medical and adult-use reforms; however, the state Supreme Court ruled that the proposed constitutional amendment to legalize cannabis for adults violated the state’s single-subject rules on ballot initiatives.