Legalization

Election Results: 2022 South Dakota Recreational Cannabis Legalization Measure

On November 8th, South Dakota voted on Measure 27, an initiative that would legalize recreational cannabis in the state. Now, with 97 percent of precincts reporting, The Associated Press projects Measure 27 will not pass, keeping adult-use cannabis illegal in South Dakota.

Here are the key components of South Dakota’s recreational cannabis initiative:

  • It would have allowed adults aged 21 and older to possess and purchase one ounce of recreational cannabis.
  • An adult would have been able to grow three plants for personal use.
  • Public consumption of cannabis would have been prohibited. However, consuming cannabis in public would lead to civil penalties rather than prison time.
  • Businesses would still be allowed to prohibit cannabis use among their workers.
  • Workers in South Dakota would still receive random drug tests.

Voters in South Dakota approved ballot measures legalizing both recreational and medical cannabis in 2020. However, a judge ruled that the recreational cannabis measure was unconstitutional in 2021. Then, the South Dakota House rejected a separate bill legalizing recreational marijuana in March 2022.

Medical marijuana remains legal in South Dakota.

See GreenState’s map of cannabis legality by state here: