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Attorney General Marty Jackley

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Final Ballot Explanation Released For Initiated Measure To Legalize Recreational Marijuana and Create Dual-Use Licenses

FOR IMMEDIATE RELEASE: Thursday, Dec. 7, 2023

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – The final ballot explanation for a draft initiated measure, proposed by Emmett Reistroffer of Rapid City, that would legalize recreational marijuana and create dual-use licenses for medical marijuana dispensaries has been released filed with the Secretary of State by the South Dakota Attorney General’s Office. 

Attorney General Marty Jackley takes no position on any such proposal for purposes of the ballot explanation. He has provided a fair and neutral explanation of the proposed initiated measure to help assist the voters.

The proposed initiated measure would allow individuals 21 years old or older to possess, grow, sell, ingest, and distribute marijuana or marijuana paraphernalia. The initiated measure does not affect laws dealing with hemp.  The measure also authorizes the South Dakota Department of Health to issue dual-use licenses to medical marijuana dispensaries.  A dual-use license allows dispensaries to sell marijuana to persons 21 years or older. 

The final ballot explanation can be found here.

If the required 17,509 valid signatures are gathered and approved by the South Dakota Secretary of State’s Office, the proposed initiated measure will be placed on the 2024 general ballot. A majority of the votes cast in the general election will be needed to pass the measure.

The Attorney General’s explanation was drafted after a review of all the comments received during the proposed amendment’s 10-day comment period. A total of six comments were received.

For more information regarding ballot measures, please visit the Secretary of State’s website.