South Dakota Marijuana Legalization Initiative Trailing In New Poll

Most South Dakota voters plan to vote against a ballot initiative to legalize marijuana next month, according to a new poll.

With just under two weeks until the election, the Emerscon College/KELOLAND/The Hill survey found that about 50 percent of likely voters are opposed to the cannabis measure, while 45 percent support it and 5 percent remain undecided.

Voters who plan to support Vice President Kamala Harris, the Democratic presidential nominee, were more likely to back the reform proposal, at 65 percent, compared to 31 percent of those who intend to vote for former President Donald Trump, the GOP nominee.

“The marijuana ballot initiative has the most support among voters under 30, at 68 percent, and most opposition among voters over 70, at 64 percent,” Spencer Kimball, executive director of Emerson College Polling, said in a press release.

The campaign South Dakotans for Better Marijuana Laws (SDBML) has little time to make up the difference and convince enough voters to pass Initiated Measure 29.

The survey involved interviews with 825 likely voters in South Dakota from October 19-22. The margin of error is +/- 3.3 percentage points.

A separate survey from June also found the initiative trailing, with 52 percent of voters opposing the reform and 42 percent in support.

After state officials confirmed that the legalization measure qualified for the ballot this summer, South Dakota’s Republican party adopted a policy expressing “strong opposition” to the measure, and two Catholic dioceses similarly urged voters to reject the initiative.

For months leading up to the measure’s certification, it was unclear whether SDBML’s grassroots efforts would be able reach the signature threshold for ballot placement, as national industry and philanthropic financial support has been negligible this cycle.

Voters did approve an earlier legalization initiative in 2020, but it later was invalidated by the state Supreme Court over single-subject concerns. The campaign’s second initiative in 2022 was rejected by voters. A separate medical cannabis initiative that was also approved by voters in 2020 was not challenged and remains state law.

In December, the secretary of state’s office approved a circulator handout submitted by SDBML, a requirement that has allowed the campaign to deploy paid canvassers to gather signatures along with its grassroots network of volunteers who have been distributing petitions.

The campaign material simply features the state attorney general’s title and explanation of the ballot measure, which was finalized in August.

The initiative would allow adults 21 and older to purchase and possess up to two ounces of cannabis. They could also grow up to six plants per person for personal use, which is up from three plants in the last version. There’s also a 12-plant maximum per shared living household—double the prior six-plant limit.

Now the campaign’s mission is to win over voters who rejected legalization in the last election, while combating the messaging from opposition parties.

Ahead of the 2022 election, a poll found that 51 percent of South Dakotans planned to vote against the legalization measure, while 40 percent said they’d be supporting it and 10 percent remained undecided. That was the third poll in a row showing the legalization measure behind.

After voters approved medical cannabis legalization in 2020, the governor tried to get the legislature to approve a bill to delay implementation for an additional year. But while it cleared the House, negotiators were unable to reach an agreement with the Senate in conference, dealing a defeat to the governor.

In response, Gov. Kristi Noem’s (D) office started exploring a compromise, with one proposal that came out of her administration to decriminalize possession of up to one ounce of cannabis, limit the number of plants that patients could cultivate to three and prohibit people under 21 from qualifying for medical marijuana.

—
Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

In the 2022 legislative session, the House rejected a legalization bill that the Senate had passed, effectively leaving it up to activists to get on the ballot again.

A Marijuana Interim Study Committee, headed by legislative leaders, was established to explore cannabis policy reform, and the panel in November 2021 recommended that the legislature take up legalization. The House-defeated legislation was one of the direct products of that recommendation.

The governor separately signed a bill into law in February that will require patients to check off a box on medical marijuana card applications affirming that they’re aware that federal law prohibits cannabis consumers from buying and possessing firearms.

Marijuana Legalization Should Ensure Communities Harmed By Criminalization Get ‘First Shot To Make Money,’ Tim Walz Says

Photo courtesy of Brian Shamblen.