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Cannabis Legalization Falls Short in South Dakota

On November 5, 2024, South Dakota’s Measure 29 to legalize adult-use cannabis failed with 44% voting in favor and 55% against.

This defeat follows years of advocacy by South Dakotans for Better Marijuana Laws. In 2020, voters had already approved an MPP-backed legalization measure, but the state Supreme Court overturned it due to a “single subject” ruling. Measure 29 was designed to be simple, only legalizing possession and cultivation without regulated sales or taxation.

Despite the setback, many states—including Colorado, California, and Oregon—faced defeats before eventually legalizing cannabis.

Medical Cannabis in South Dakota

In 2020, South Dakota became the first state where voters simultaneously approved medical and adult-use cannabis.

Although the adult-use measure was overturned, the medical cannabis law (Measure 26) passed with 70% support, protecting registered patients with qualifying conditions such as severe pain, nausea, seizures, and muscle spasms. The law allows home cultivation and regulated dispensary sales.

In 2021, Gov. Kristi Noem tried to delay the medical program despite strong voter support, but advocates successfully blocked the attempt.

Medical Cannabis History in South Dakota

  • 2006 – Medical marijuana initiative fails (47%-52%).
  • 2010 – Another attempt fails (36%-63%).
  • 2020Measure 26 passes with 70% support, legalizing medical cannabis.
  • 2024Measure 29 to legalize adult-use cannabis fails (44%-55%).

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State
Legal Status
Medicinal
Decriminalized
South Dakota
Mixed
Yes
Yes