The group South Dakotans for Better Marijuana Laws has taken the first official step to launch a new cannabis legalization bid for 2024 by filing a draft of the proposed ballot initiative with the state’s Legislative Research Council, according to media reports. The move comes less than two months after a recreational pot legalization measure known as Initiated Measure 27 failed at the polls in the November elections, garnering just over 47% of ballots cast.

If it had been passed, Measure 27 would have legalized the possession and use of cannabis and marijuana paraphernalia. The ballot initiative also would have allowed adults 21 and older to possess or distribute up to one ounce of marijuana. Those living in a jurisdiction without a licensed marijuana retailer would have been allowed to grow up to three cannabis plants in a secure location at home.

Activists who campaigned for this year’s unsuccessful ballot proposal believe that the lower voter participation typical of midterm elections compared to those that include a race for U.S. president may have been a factor in the defeat of Measure 27.

“We think the only reason it lost is because of really low turnout… we are eager to restore the will of the people,” said Matthew Schweich, deputy director of South Dakotans for Better Marijuana laws, which also led the campaign to pass the 2022 cannabis legalization ballot measure.

The failure of Initiative 27 came despite a similar proposal gaining a solid majority of votes only two years earlier, when President Joseph Biden beat his predecessor Donald Trump at the polls. A 2020 ballot measure to legalize adult-use cannabis passed with 54% of the vote, but a legal challenge supported by Republican Governor Kristi Noem led to the state Supreme Court invalidating the measure on procedural grounds.

Cannabis Reform Opponents Also Preparing For 2024

Opponents of cannabis reform believe that the issue of recreational marijuana legalization has already been settled at the polls, despite the invalidated successful ballot measure only two years ago. Republican state Representative Fred Deutsch, who also serves as the treasurer for the cannabis prohibitionist group Protecting South Dakota Kids, is opposed to another bid to legalize marijuana in the 2024 elections.

“They brought it, and they brought it, and they brought it… they said we should respect the will of the voters throughout the campaign,” said Deutsch. “Well, apparently, they are not going to respect the will of the voters… and they are going to bring it back again.” 

Deutsch added that he intends to sponsor a bill in the next legislative session that would prohibit similar initiatives from being placed on the ballot in consecutive election cycles. Additionally, Protecting South Dakota Kids plans to create a nonprofit group with the same name and hire a lobbyist to work in the state capital full-time during the 2023 legislative session in order to counter the efforts of cannabis reform advocates.

“This last year in Pierre, the pro-marijuana lobbyists outgunned us five to one, six to one… I didn’t count them, but they were swarming the Capitol,” said Deutsch. “The marijuana industry puts a lot of money into hiring these guys, and we hope to push back just a little bit.”

Proponents of another attempt to legalize adult-use cannabis in South Dakota believe that the success of the measure is likely to hinge on the ability of activists to raise the money to mount an effective race in 2024. Media reports cite “lackluster fundraising” as a factor in this year’s loss.

“The biggest hurdle is making sure you can run a well-funded campaign, and it is too early to say whether we can or can’t,” said Schweich. “But we are going to try and move through the process and build up a network of people who can donate generously and make sure that we do have a well-funded campaign.”

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In 2020, the South Dakota voters approved Initiated Measure 26 and approved medical cannabis with 69% of voters in favor of the measure. A majority of voters in South Dakota also approved a ballot measure to legalize adult-use cannabis. Constitutional Amendment A was approved with 54% of the vote, according to election records. However, a lawsuit filed last year by Gov. Krisi Noem and two highway patrol officers prevented the bill approved by voters from ever seeing the light of day. The South Dakota Supreme Court ruled on Nov 24, 2021, that the measure couldn’t be implemented because it violated a requirement that constitutional amendments deal with just one subject.

The group behind a 2020 medical marijuana proposal in South Dakota is accusing several officials of engaging in illegal campaigning against pro-cannabis measures in the state.

Earlier in the month, New Approach South Dakota said that it has filed information requests in an effort to find out whether state officials violated the state’s election laws by voicing opposition to the pot-related proposals. 

“Your tax dollars should not be used to promote any politician’s personal political agenda,” the group said in a Facebook post. “The state, an agency of the state, and the governing body of any county, municipality, or other political subdivision of the state may not expend or permit the expenditure of public funds for the purpose of influencing the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not be construed to limit the freedom of speech of any officer or employee of the state or any political subdivision who is speaking in the officer’s or employee’s personal capacity. This section does not prohibit the state, its agencies, or the governing body of any political subdivision of the state from presenting factual information solely for the purpose of educating the voters on a ballot question.”

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New Approach South Dakota said on Tuesday that it has filed information requests in an effort to find out whether the officials violated the state’s election laws by voicing opposition to the pot-related proposals. 

“Your tax dollars should not be used to promote any politician’s personal political agenda,” the group said in a Facebook post. “The state, an agency of the state, and the governing body of any county, municipality, or other political subdivision of the state may not expend or permit the expenditure of public funds for the purpose of influencing the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not be construed to limit the freedom of speech of any officer or employee of the state or any political subdivision who is speaking in the officer’s or employee’s personal capacity. This section does not prohibit the state, its agencies, or the governing body of any political subdivision of the state from presenting factual information solely for the purpose of educating the voters on a ballot question.”

According to Dakota News Now, the group has sent “a number of information requests to government offices across the state, to officials they say may have broken state laws by speaking out against marijuana measures.” 

The officials in question include the leaders of South Dakota’s two largest cities, Sioux Falls Mayor Paul TenHaken and Rapid City Mayor Steve Allender, as well as the sheriff of the state’s largest county and others. 

As Dakota News Now explained, state law says that “any government official or employee of the state is permitted to speak their opinion of a candidate or ballot measure in their personal capacity,” and that the “same law states that no government agency or official can influence the election of any candidate or ballot measure in their official capacity.”

South Dakota voters approved a proposal to legalize medical cannabis treatment in 2020. That same year, a majority of voters in the state also passed Amendment A, which would have legalized recreational pot as well. 

But Amendment A was ultimately struck down by the state Supreme Court following a legal challenge led by the state’s Republican Gov. Kristi Noem. 

Next week, voters there will decide on a new recreational marijuana proposal, Initiated Measure 27. 

Per Dakota News Now, New Approach South Dakota “alleges that TenHaken, Milstead, Allender and others may have broken these laws with their messaging about [the 2020 medical marijuana measure] and Amendment A in 2020, as well as about [Initiated Measure 27].” 

Among the potential infractions is a “press conference held a week ago in downtown Sioux Falls that featured TenHaken, Milstead and others, as well as a press conference the same day in Rapid City,” according to Dakota News Now.

“The decision to do this and call this out was not an easy one. We’re submitting public record requests for multiple political officials throughout the state. And the decision to do that was not easy. These are dealing with a very powerful political establishment in the state.” New Approach South Dakota deputy director Ned Horsted said, as quoted by the station. 

Polls have shown that Initiated Measure 27 is in serious danger of being rejected next week, although Noem has said that she will implement the law if it is approved by voters.

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Voters in the state will decide next week on Initiated Measure 27, a proposal to legalize personal possession of marijuana for adults aged 21 and older. 

Noem, a Republican who is up for re-election this year, remains opposed to marijuana legalization. But at a campaign town hall in Rapid City on Thursday, the governor said she would uphold the will of voters if they pass Measure 27.

“If it passes, it’s going to be implemented. That’s just the facts,” Noem told voters, as quoted by the Rapid City Journal.

Fifty-four percent of South Dakota voters approved an amendment in 2020 that would have legalized recreational marijuana in the state. But Noem helped lead a legal challenge that ultimately led to the state Supreme Court striking down the amendment. 

At the campaign stop last week, Noem defended her actions, saying that the law would have run afoul of the state constitution. 

“I raised my right hand and said that I would uphold the state Constitution and the U.S. Constitution. The basis of every decision comes from that,” Noem said, according to the Rapid City Journal.

Advocates were confident that Measure 27 could match the showing of the 2020 amendment, but polling has indicated that its passage is anything but a certainty.

In August, a Mason-Dixon poll found that 54% of South Dakota voters are against legalization, while 44% are in support.

A South Dakota State University poll released earlier this month found that 47% of voters in the state are opposed to legalizing recreational marijuana, while 45% support the idea and another eight percent are unsure. A poll from Emerson College released last week painted an even bleaker picture, showing 50% of voters intend to vote no Measure 27 compared with about 40% who intend to vote yes. 

Noem is facing a challenge from Democrat Jamie Smith, who has frequently criticized the governor for overturning the 2020 amendment. The poll from Emerson College showed Noem with a large lead over Smith heading into Election Day. 

The South Dakota Supreme Court ruled last November that the 2020 proposal, Amendment A, violated the constitution’s single subject requirement. (The amendment sought to legalize recreational and medical marijuana, along with hemp.)

“This constitutional directive could not be expressed more clearly—each subject must be voted on separately—and simply severing certain provisions may or may not reflect the actual will of the voters,” said Chief Justice Steven Jensen in the majority opinion. “Therefore, we cannot accept Proponents’ suggestion that excising the medical marijuana and hemp provisions from Amendment A in favor of retaining the provisions regulating and legalizing recreational marijuana is an appropriate remedy. Amendment A is void in its entirety.”

Noem celebrated the ruling.

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about,” she said at the time. “We do things right—and how we do things matters just as much as what we are doing. We are still governed by the rule of law. This decision does not affect my Administration’s implementation of the medical cannabis program voters approved in 2020. That program was launched earlier this month, and the first cards have already gone out to eligible South Dakotans.” 

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But next month, the Mount Rushmore State could deal a reality check to the legalization movement.

Voters there are set to decide on Initiated Measure 27, which would legalize personal possession of marijuana for adults aged 21 and older in the state. Recent polling suggests that the electorate is split.

A new South Dakota State University poll released this week found that 47% of voters in the state are opposed to legalizing recreational marijuana, while 45% support the idea. Eight percent said they aren’t sure.

Initiated Measure 27 represents something of a do-over for advocates, after an amendment to legalize recreational cannabis was approved by South Dakota voters in 2020 only to be struck down by the courts following a legal challenge mounted by the state’s Republican Gov. Kristi Noem.

Fifty-four percent of voters in the state approved Amendment A, but the state Supreme Court ultimately overturned it last November, ruling that it violated the South Dakota constitution’s “one subject” requirement for constitutional amendments.

Amendment A sought to change the state law on recreational marijuana, medical cannabis, and hemp. (Voters in South Dakota also approved a separate ballot proposal in 2020 that specifically legalized medical cannabis).

The state constitution “not only includes a single subject requirement but also directs proponents of a constitutional amendment to prepare an amendment so that the different subjects can be voted on separately,” Chief Justice Steven Jensen wrote in the majority opinion.

“This constitutional directive could not be expressed more clearly—each subject must be voted on separately—and simply severing certain provisions may or may not reflect the actual will of the voters,” Jensen wrote. “Therefore, we cannot accept Proponents’ suggestion that excising the medical marijuana and hemp provisions from Amendment A in favor of retaining the provisions regulating and legalizing recreational marijuana is an appropriate remedy. Amendment A is void in its entirety.”

Noem, a possible 2024 Republican presidential candidate, celebrated the Supreme Court’s ruling.

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about,” she said at the time. “We do things right—and how we do things matters just as much as what we are doing. We are still governed by the rule of law.”

Initiated Measure 27 qualified for the South Dakota ballot in May, after the campaign behind it, South Dakotans for Better Marijuana Laws, turned in enough verified signatures to the secretary of state’s office.

The campaign has taken a populist approach, saying that the measure will “restore the will of the people by legalizing cannabis in South Dakota for a second time.”

But this week’s poll from SDSU wasn’t the first sign that 2022 could be much different than 2020.

A survey released in late August from the local news nonprofit South Dakota News Watch and the Chiesman Center for Democracy at the University of South Dakota found that 54% of voters in the state were against recreational cannabis legalization, while 44% said they are in favor.

With just a little over three weeks to go before Election Day, legalization advocates are now preparing to barnstorm South Dakota.

Matthew Schweich, the director for “South Dakotans for Better Marijuana Laws,” announced at a press conference on Wednesday that the campaign is kicking off an 18-city statewide tour this weekend. 

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The survey, conducted by the pollster Mason-Dixon Polling & Strategy on behalf of the local news nonprofit South Dakota News Watch and the Chiesman Center for Democracy at the University of South Dakota, found that a majority of Mount Rushmore State voters are opposed to the legalization of recreational cannabis. 

A little more than 54% of voters said they are against legalization, while just under 44% said they are in favor.

The polling data represents a potential source of concern for legalization activists in South Dakota, who have expressed confidence that the state’s voters will do what they did in 2020 and approve a recreational cannabis proposal at the ballot.

In 2020, 54 percent of South Dakota voters approved Amendment A, which would have legalized recreational cannabis in the state and laid the groundwork for a regulated weed industry.

But the amendment was subject to a legal challenge, led by Republican Gov. Kristi Noem, and was ultimately struck down by the state Supreme Court last November.

Organizers quickly went back in the field, ultimately getting a new legalization proposal on this year’s ballot. 

The new proposal, Initiated Measure 27, legalized possession of cannabis for adults in the state, but defers to the legislature on many of the regulatory details.

Matthew Schweich, the campaign director for South Dakotans for Better Marijuana Laws, said in May that the group collected more than 8,000 signatures above the qualification threshold to ensure that it would qualify.

“One of the main reasons why we maintained such ambitious goals for our signature drive was to ensure that we had a healthy margin, so we could deter our opponents from filing a lawsuit,” Schweich told the Argus Leader at the time. “This was the plan to have this buffer and be sure there would be no more lawsuits over cannabis initiatives in South Dakota.”

Following the release of the new poll last week, Schweich said he was confused more than anything.

“When I look a little deeper, I found things that do not make sense to me,” Schweich told local news station KELO. “Some of the numbers don’t really make sense and conflict strongly with previous data that we’ve seen.”

KELO reported that “Schweich pointed out that certain elements within the News Watch/USD poll do not jibe with past indicators of support for legalization in South Dakota.”

“I see this as a flawed poll, but one that I still need to keep in the back of my head as motivation to keep working hard,” Schweich told KELO. “I’m not going to dismiss this poll entirely, and it’s a reminder that we have to work really hard and not take anything for granted because in recent times, it’s gotten harder and harder to predict what an electorate will look like.”

A poll late last year found that a slim majority of South Dakota voters disapproved of Noem’s handling of cannabis legalization, while only 39% said they approved.

During a campaign stop earlier this month, Noem said that she will implement the new cannabis law if a majority of voters approve Initiated Measure 27 in November.

“From what I’ve seen, this amendment this year that will be on the ballot is written more appropriately towards the Constitution,” Noem said, as quoted by the Argus Leader.

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In 2020, the Oglala Sioux Tribe overwhelmingly voted to legalize recreational and medical cannabis. The site has banned alcohol for the last 100 years, and they aren’t planning to change that anytime soon. Cannabis was legalized in 2020, but some of the structure was delayed thanks to the pandemic. Now, they have a thriving industry. However, when they legalized cannabis they also had the option to make alcohol legal on the reservation again, and chose not to. 

Folks who live on the South Dakota reservation claim that they see cannabis as a safe and natural alternative to alcohol and a tool for managing things like mental health issues and chronic illnesses. They still see alcohol as something that can impact not only health and safety but also life expectancy. 

“Cannabis is a natural plant that comes from the Earth—and our people lived off the land, and they got their medicine from the land,” Ann Marie Beane tells Press Herald from a local dispensary called No Worries. “Our Indigenous people, they suffer a lot from diabetes and cancer and various other illnesses, but the cannabis really helps them.”

Shoppers at the store also shared that they feel alcohol, meth, opioids, and other illegal drugs are more dangerous than cannabis, and that cannabis is different and better for their community. 

The Pine Ridge Reservation was established in 1889 and takes up 2 million acres and several small towns. It also comprises ranches, prairies, and badland formations. About 20,000 people live on the Reservation, and community members say some folks may not be counted by the U.S. Census Bureau and there are actually closer to 40,000 residents. 

Throughout the history of the South Dakota reservation, alcohol has been illegal almost the entire time, but bootlegging is still common, and alcohol abuse is still an issue on the reservation. 

“It’s killing our youth—It’s killing our future generation,” Beane says about the still-prevalent alcohol abuse problem. 

The Oglala Sioux Tribe filed a 2012 lawsuit alleging that about 25% of children born on the reservation had health or behavioral problems caused by exposure to alcohol in the womb. They sued beer stores across the border in Nebraska that they claimed were taking advantage of folks with alcohol problems who lived on the reservation. 

Indigenous people usually have a lower life expectancy and higher rates of health problems, which medical experts say are due to poverty and the harm their communities have been caused by the federal government. Reservations often lack good access to healthcare and healthy food. They are usually serviced by a group called the Indian Health Service, which is underfunded and not always able to provide the best care. 

Of the customers polled at No Worries by the Press Herald, only a few of them said they only use cannabis for recreational purposes. Most of them use it for things like anxiety and pain, as well as other medical conditions. Reporters saw a patient with an ostomy bag who had lost part of her intentions, as well as patients who suffered drug addiction and cancer. 

“I’d rather smoke than do other drugs because I almost gave up on my kids,” says Chantilly Little, a recovering addict. 

“Unfortunately, the health care services provided by the Indian Health Service have failed so many in countless ways,” says Stephanie Bolman, a breast cancer patient who used to work in health care. She also serves on the city council for the Lower Brule Sioux Tribe. “It has left many to fend for themselves and endure so much pain and suffering that medical marijuana has proven to be lifesaving.”

While the folks on the Pine Ridge Indian Reservation, and many Indigenous people in South Dakota, are still struggling with lack of access to healthcare and social services and equity, legal cannabis access is a positive first step for them, as well as a clear alternative to alcohol. 

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That is about to change.

Next week, when Unity Rd. opens its doors in Hartford, South Dakota––a town of about 3,300 located just outside Sioux Falls, the state’s largest city––it will make history as the first state-licensed medical cannabis dispensary in the Mount Rushmore State.

“We were really pushing hard to get that number one on the door to be the first legal, state-issued license,” B.J. Olson, one of the co-owners of Unity Rd., told the Argus Leader newspaper. “That doesn’t happen, unless you have your foot on the gas from the beginning.”

“We bought the property, we began building the building with no piece of paper, and worst case, we decided we’re gonna build a beautiful structure to lease to somebody and best case, we’re going to be the first dispensary in the state,” said Adam Jorgenson, the other co-owner.

According to the Argus Leader, “Unity Rd. is a franchise and also has shops in Oklahoma and Colorado.”

Voters in South Dakota overwhelmingly approved a ballot measure in 2020 that legalized medical cannabis treatment in the state.

The law officially took effect on July 1, 2021, well before the state had begun issuing licenses for would-be dispensaries. But members of the Flandreau Santee Sioux Tribe opened a dispensary shortly after the official start date last summer, bringing tension between the tribe and the state.

South Dakota Gov. Kristi Noem and other state officials have said that they will not recognize medical cannabis cards issued to individuals who are not members of the tribe.

The Argus Leader reported that, as of February, “the Flandreau Santee Sioux Tribe [had] issued about 8,000 medical marijuana cards to tribal and non-tribal members,” and that, “although several county- and city-level law enforcement agencies and state’s attorneys have eased up on arrests and prosecutions for possession of small amounts of marijuana all together, others, like the Flandreau Police Department are not honoring some tribal-issued medical cards.”

The tribe said at the time that more than 100 people who had been issued tribal medical cannabis cards had been arrested since the dispensary opened last July.

Unity Rd. will “offer a number of products including flower, vape cartridges, topicals, pre-rolls and edibles,” according to the Argus Leader, although initially “only flower will be sold, but the business expects to add products in a couple of weeks.”

The state’s medical cannabis law has faced a sluggish rollout. As of April, there were barely 400 patients who had been enrolled in the program, while only 90 doctors statewide were allowed to approve the use of medical cannabis for their patients.

South Dakota voters also approved an amendment in 2020 that legalized recreational cannabis, but that law was ultimately overturned by the state Supreme Court after it drew a legal challenge by Republican Gov. Kristi Noem.

Noem, a possible 2022 GOP presidential contender, celebrated the ruling.

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about,” Noem said at the time. “We do things right—and how we do things matters just as much as what we are doing. We are still governed by the rule of law. This decision does not affect my Administration’s implementation of the medical cannabis program voters approved in 2020. That program was launched earlier this month, and the first cards have already gone out to eligible South Dakotans.”

South Dakota will have another shot at legalizing recreational cannabis this fall, however, with a new measure qualifying for the November ballot.

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In South Dakota, medical cannabis is overseen by The South Dakota Department of Health. They recently held a public hearing to go over proposed changes and how things could move forward in the state if approved. Despite the hearing taking place on June 21, there is still time to submit written comments on the changes. Comments will be accepted through July 1, either by email or snail mail. 

Once the final comments are received, the department will make a decision. The changes must first be analyzed by the Legislature’s Rules Review Committee, which will make a decision on those proposed changes at their July 19 meeting. 

These changes are separate from those already approved that take place on July 1, the Legislature’s code counsel, John McCullough, pointed out. The other changes referenced are those that were approved by Senate Bill 4 when it passed during the most recent legislative session.

These already approved changes include a major milestone for healthcare providers. According to this change, a physician no longer is required to state that the patient will be likely to receive therapeutic or palliative benefits from medical cannabis in the case that it is prescribed. Instead, they only have to state that the patient has a debilitating medical condition, not that it is likely to be treated successfully by cannabis. This takes a lot of weight off of the physicians when it comes to new types of treatment like legal weed. 

Originally, under Measure 26, which was approved by voters in the 2020 election, when cannabis was legalized. The South Dakota State Medical Association opposed that wording, as it essentially forced prescribing doctors to say that cannabis would help, not just that it was an option. 

Currently, debilitating conditions approved to be treated with medical cannabis in South Dakota include: 

• Acquired immune deficiency syndrome (AIDS) and positive status for human immunodeficiency virus (HIV)
• Amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease
• Multiple sclerosis (MS)
• Cancer associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting
• Crohn’s disease
• Epilepsy and seizures
• Post-Traumatic Stress Disorder (PTSD)

To add other conditions, there is currently an application process to see if more qualified conditions will be approved in the future. These were all approved last year in September, and through a final hearing round in October of 2021. 

So far, there seems to be a big desire for medical cannabis in South Dakota based on how well a tribal dispensary is serving its community, and the fact that the state hit over 1,000 medical cards given out. The flandreau Santee Sioux Tribe currently operates a dispensary legally on their property, which is north of Sioux Falls. Their data shows that more than 10,000 people have registered with the tribe for medical cards since July 1 of last year. The state department of health reported 1,121 patient cards as of June 13. 

It remains to be seen exactly what changes will be requested by the community during the comment period, but it’s clear that the community is hungry and ready for legal cannabis in their state after a long wait since legalization. In the meantime, the community will be getting comments together to try and build a better medical cannabis community in South Dakota. 

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The Secretary of State’s office reported that the SDBML campaign had collected a total 31,588 signatures. An analysis of a random sample of the signatures determined that approximately 79.2% were validated as coming from South Dakota registered voters. Based on the results of the random sample, 25,023 signatures were deemed valid by state officials, far more than the 16,961 signatures currently required to qualify a measure for the ballot.

“We are very pleased that we’ve qualified for the ballot and we are extremely thankful to everyone who signed our petitions, our volunteers, our staff and our supporters,” SDBML director Matthew Schweich told the Argus Leader. “We look forward to being on the ballot in November and we’re confident we can win again and restore the will of the people of [S]outh Dakota.”

Under the proposal, adults aged 21 and older would be permitted to possess and buy up to one ounce of weed and grow up to three cannabis plants at home. Public consumption, cultivation of more than three plants, and some other cannabis-related activities would still be against the law, but violators would only face civil penalties for such offenses.

Successful 2020 Ballot Measure Struck Down in South Dakota

A more comprehensive ballot measure, Amendment A, was approved by 54% of South Dakota voters in 2020. But after legal challenges supported by Republican Governor Kristi Noem, an opponent of recreational cannabis legalization, the ballot measure was ruled unconstitutional by the state Supreme Court.

Unlike Amendment A, Initiated Measure 27 does not attempt to establish a regulatory framework for commercial cannabis cultivation, manufacturing, and sales or levy a tax on the cannabis industry. Instead, this year’s ballot measure legalizes possession and purchases of cannabis and leaves the details up to state lawmakers. Activists hope that the more than 8,000 extra signatures collected will help dissuade opponents from filing new legal actions to stop legalization.

“One of the main reasons why we maintained such ambitious goals for our signature drive was to ensure that we had a healthy margin, so we could deter our opponents from filing a lawsuit,” Schweich said. “This was the plan to have this buffer and be sure there would be no more lawsuits over cannabis initiatives in South Dakota.”

But the effort to legalize recreational pot in South Dakota faces a new challenge from a proposal on the ballot for the primary election next month. Under Amendment C, future ballot measures would require 60% of the vote to pass if they enact a tax or require state appropriations of $10 million or more in any of the first five years of enactment. If Amendment C is passed by voters in the June primary election, it would go into effect before the November general election. The effect that would have on Initiated Measure 27 is unclear.

“We must defeat Amendment C on June 7,” Schweich said. “Amendment C is a shameful and cowardly attack on the constitutional ballot initiative rights of the people of South Dakota. This convoluted proposal, created by politicians in [the South Dakota capital of] Pierre, has the potential to cripple the initiative process and could even be used to undermine our 2022 cannabis legalization measure. We cannot allow politicians to get away with this.”

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