IM 29: If voters decriminalize marijuana, lawmakers would make the call on sales

Signs for various pro-cannabis lobbying efforts in recent years, on display at the headquarters of South Dakotans for Better Marijuana Laws in Sioux Falls. The two signs on the left and single sign on the far right refer to recreational marijuana votes on the South Dakota ballot in 2020, 2022, and 2024. (John Hult/South Dakota Searchlight)

The first thing to know about South Dakota’s recreational marijuana ballot measure is what it doesn’t do: legalize marijuana sales.

That would require later legislative action.

Initiated Measure 29 would lay the groundwork for that potential action by legalizing the possession, use and free distribution of up to 2 ounces of marijuana for adults 21 and older, which is currently a misdemeanor punishable by up to a year in jail.

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(Getty Images)

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It would also decriminalize marijuana edibles and cannabis concentrates, the possession of which is currently a felony in South Dakota punishable by up to five years in prison.

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