AG Releases Draft Explanation For Measure Repealing South Dakota's Medical Marijuana Program

Article Body

FOR IMMEDIATE RELEASE: Thursday, July 27, 2023

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



Attorney General Jackley Releases Draft Explanation For

Initiated Measure Repealing South Dakota’s Medical Marijuana Program


PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released a draft ballot explanation for a proposed initiated measure that would repeal South Dakota’s Medical Marijuana Program. The measure is proposed by Travis Ismay of Newell.


The Attorney General takes no position on any such proposal. He has provided a fair and neutral explanation on the proposed constitutional amendment to help assist the voters.


This proposed initiated measure would repeal the state’s medical marijuana program that was approved by voters in the 2020 general election. The repeal would make all possession, use, cultivation, sale, manufacture, sale of marijuana, and marijuana products a crime.. 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 Thursday, July 27, and the deadline for comments on this explanation is Aug. 6, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Aug.16, 2023.


The initiated measure 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. 6, 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 by Aug. 6, 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.