IM 27 (2022) & IM 29 (2024)

IM 27 (2022) & IM 29 (2024) — SD Recreational Re-Attempts Failed

SDBML’s recreational re-attempts after Thom v. Barnett: Initiated Measure 27 (Nov 8, 2022) failed 52.92% no / 47.08% yes; Initiated Measure 29 (Nov 5, 2024) failed ~55.6% no / 44.4% yes. Both filed as initiated statutes (not constitutional amendments) to avoid the single-subject issue. Lead opposition: Protecting South Dakota Kids (Jim Kinyon). SDBML campaign director Matthew Schweich announced he is finished after the 2024 loss.

Legal Disclaimer: This information reflects South Dakota cannabis law as of June 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the South Dakota Department of Health Medical Cannabis Program or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: May 2026

Initiated Measure 27 (2022)

After Thom v. Barnett, SDBML refiled — this time as an initiated statute, not a constitutional amendment, designed to dodge the single-subject issue by limiting the proposal to legal possession and use only.

Ballot Date and Result

Ballot date: November 8, 2022
Result: 52.92% no / 47.08% yes (183,079 no / 163,361 yes; 346,440 total votes)

What IM 27 Would Have Done

Legalized possession of up to 1 oz of cannabis.
Legalized home cultivation of up to three plants for adults 21+ (only where no retail outlet existed locally).
Did not establish licensing, taxation, or commercial sales.

Sponsors and Opposition

Sponsors: South Dakotans for Better Marijuana Laws (SDBML); campaign director Matthew Schweich.
Lead opposition: Protecting South Dakota Kids (Jim Kinyon, chair); spent ~$351,740 of ~$427,186 raised, mainly on advertising.
Public officials who campaigned against: Sioux Falls Mayor Paul TenHaken, Minnehaha County Sheriff Mike Milstead, others.
SAM Action’s Kevin Sabet provided national coordinated opposition support.

Why IM 27 Failed

Lower midterm-year turnout than 2020 presidential-year turnout that produced Amendment A.
Organized opposition that did not exist in 2020 (Protecting South Dakota Kids was newly formed for 2022).
Diminished urgency — voters who already had IM 26 medical access felt less compelled to support recreational. Schweich post-loss: "There are many voters who are dissatisfied with how the medical program is working and there’s people that are shut out of it entirely."

Initiated Measure 29 (2024)

A third try, again a possession-and-cultivation initiated statute (no commercial framework, to keep the measure constitutionally clean).

Signatures and Certification

SDBML submitted 29,030 signatures on May 7, 2024 (17,509 valid required).
Secretary of State certified the measure for the ballot on June 3, 2024.

Ballot Date and Result

Ballot date: November 5, 2024
Result: ~55.6% no / ~44.4% yes (KELO reported 56% no / 46% yes preliminary at 89% precincts; final certified results confirmed defeat)

What IM 29 Would Have Done

Legalized 2 oz possession.
16 g of concentrate.
1,600 mg THC in products.
Home cultivation up to 6 plants per adult / 12 per household.

Lead Opposition

Protecting South Dakota Kids (Jim Kinyon) again.
South Dakota Catholic Conference.
Law-enforcement and business groups.
Opponents repeatedly grouped marijuana with unregulated intoxicating hemp and fentanyl in their messaging.

Schweich’s Post-Vote Position

SDBML campaign director Matthew Schweich publicly announced after the November 2024 IM 29 defeat that he was finished leading recreational legalization efforts in the state. His Sept. 2024 statement to The Dakota Scout: "If they say no, we are done, at least I am." Marijuana Policy Project also confirmed no SDBML-led 2026 rerun is planned.

The Pattern Across Three Votes

Across Amendment A (2020), IM 27 (2022), and IM 29 (2024):

2020 (presidential year): 54.18% yes — Amendment A passed but was struck down.
2022 (midterm): 47.08% yes — IM 27 lost.
2024 (presidential year): ~44.4% yes — IM 29 lost.

The trajectory shows declining support across the three measures despite the 2024 measure being filed as a presidential-year vote (which should have favored higher reform turnout). The pattern is consistent across the IM 27 and IM 29: organized opposition + medical-program access + Republican supermajority context overcame even sustained advocacy efforts. See why three losses page.

The 2026 Ballot — No Recreational Measure Certified

As of May 5, 2026 signature deadline, no SDBML-led adult-use legalization initiative was certified for the November 2026 ballot. SDBML campaign director Matthew Schweich announced after the November 2024 IM 29 defeat that he was finished. The Marijuana Policy Project has not announced a 2026 SD recreational campaign. Independent reform efforts may file for 2028 or beyond.