Explanation Released for Draft Initiated Measure That Would Legalize Recreational Marijuana

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FOR IMMEDIATE RELEASE: Friday, Aug. 11, 2023

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


Explanation Released for Draft Initiated Measure

That Would Legalize Recreational Marijuana

PIERRE, S.D. – An explanation for a draft initiated measure, proposed by Matthew Schweich of Sioux Falls, that would legalize recreational marijuana has been submitted for public review 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 on the proposed constitutional amendment to help assist the voters.


This 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 does not change State laws concerning the State’s medical marijuana program. 


The ballot explanation can be found here.


State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General's explanation is meant to be an "objective, clear, and simple summary" intended to "educate the voters of the purpose and effect of the proposed" measure, as well as identify the "legal consequences" of each measure.


Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed today (Friday) and the deadline for comments on this explanation is Monday, Aug. 21, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Thursday, Aug. 31, 2023.


The draft amendment would require 17,509 valid petition signatures to qualify for the 2024 general election ballot.


To file written comments on a draft Attorney General’s explanation please use one of the following methods below. Copies of all received comments will be posted on this website. 


Comments may be submitted via mail, or through hand delivery, to the Attorney General’s Office at: 


Office of the Attorney General

Ballot Comment

1302 E. Hwy. 14, Suite 1

Pierre, SD 57501


Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by Aug. 21, 2023. Comments that are mailed must be received by the Attorney General’s Office before the deadline expires to be accepted. 


Comments may also be emailed to ATGballotcomments@state.sd.us by Aug. 21, 2023.  Comments should be clearly expressed in the body of the email. The Attorney General’s Office will not open attachments in an effort to prevent malware or other digital threats. Please include your name and contact information when submitting your comment. The title of the comment must be included in the subject line of the email.