SD 2026 Election Watch — Open Governor R Primary, Constitutional Amendment L

Last verified: May 2026

The Republican Gubernatorial Primary — June 2, 2026

Gov. Larry Rhoden (incumbent) faces a competitive Republican primary on June 2, 2026:

• Larry Rhoden — incumbent. Pragmatic-conservative cannabis posture (signed SB 39 hemp restrictions; signed SB 83 ingestion downgrade; status-quo on broader cannabis policy).
• Dusty Johnson (R, U.S. House SD-At-Large) — Republican-establishment candidate. Federal-policy experience may inform cannabis-rescheduling implementation approach.
• Toby Doeden — Aberdeen-area businessman; substantial self-funded campaign profile.
• Jon Hansen — House Speaker (2025–2026 session). Most conservative cannabis-coalition candidate.

If no candidate clears 35% in the June 2 primary, a July 28, 2026 runoff is triggered between the top two finishers.

Cannabis-Policy Implications by Primary Outcome

• Rhoden re-election: Status-quo continuation. Continuing SB 39 hemp restrictions, IM 26 medical implementation, no major policy expansion.
• Johnson: Federal-policy expertise may produce more sophisticated rescheduling-implementation approach. Cannabis-policy posture less defined.
• Doeden: Business-focused framing may permit some flexibility but specifics unclear.
• Hansen: Most likely to support continued cannabis-restriction direction. Possible legislative cooperation with Sen. Carley on repeal-trigger / potency-cap bills.

Constitutional Amendment L — 60% Supermajority for Amendments

The 2026 ballot includes Constitutional Amendment L, a legislatively referred amendment requiring future constitutional amendments to clear a 60% supermajority. If passed, Amendment L would:

• Make any future cannabis constitutional amendment dramatically harder to enact.
• Establish 60% as the new threshold for all constitutional amendments (cannabis policy or otherwise).
• Constrain future ballot-policy expansion at the constitutional level.
• Not directly affect IM 26 (statutory) or future initiated statutes.

Amendment L is a long-term structural constraint on reform — if it passes, future cannabis ballot architecture would need to use initiated statutes (which avoid both single-subject issues and the 60% threshold).

The 2026 Recreational-Ballot Status

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 leading recreational legalization efforts in the state. Marijuana Policy Project has not announced a 2026 SD recreational campaign.

A separate medical-cannabis repeal initiative tied to activist Travis Ismay has circulated since 2023 without qualifying for any ballot.

The Senate & House Composition Question

The November 2026 election also includes SD Senate and House races. Republican supermajorities at the start of the 2026 session were Senate 32–3, House 64–6 — a veto-proof Republican supermajority in both chambers. Individual member changes after the 2026 election could affect cannabis-policy-relevant committee dynamics:

• Sen. Carley re-election would maintain the consistent repeal-bill pipeline.
• Sen. Bordeaux re-election would maintain the principal tribal-state cannabis advocacy voice.
• Senate Health and Human Services Committee composition changes after 2026 election could affect Carley-bill rejection-rates.

The 2027 Legislative Session Outlook

The 2027 SD legislative session is the next operational inflection point regardless of how the 2026 election goes. Expected 2027 bills:

• Sen. Carley’s renewed potency-cap and repeal-trigger proposals.
• Possible additional hemp-restriction proposals beyond SB 39.
• Possible qualifying-condition expansion proposals (chronic pain, severe anxiety).
• Possible internal-possession doctrine repeal beyond SB 83 penalty downgrade.
• Possible tribal-state cannabis-compact framework legislation.

Federal Schedule III Implementation Timeline

The Acting AG Todd Blanche April 28, 2026 federal Schedule III rescheduling will continue to ripple through SD policy in 2026–2027:

• Tax implications — IRC § 280E ceases to apply to cannabis as Schedule III, dramatically reducing licensee tax burden.
• Banking implications — SAFE Banking Act may move forward in Congress.
• Federal-employee drug-testing rules — may evolve under Executive Order 12564 framework.
• FDA regulatory approval pathway — new clarity on Schedule III prescription-cannabis pathway.

Key Watch List for 2026–27

1. June 2, 2026 R primary outcome.
2. July 28, 2026 runoff (if needed).
3. November 3, 2026 general election.
4. Constitutional Amendment L result.
5. 2027 SD legislative session — Carley bills + reform-advocate bills.
6. Travis Ismay medical-repeal initiative qualification status.
7. Federal Schedule III rule implementation (DEA enforcement adjustments, FDA Schedule III prescription-cannabis approval).
8. Tribal-state compact development (or absence thereof).

Related on this site: Carley's 2026 SD Medical-Repeal Bills, AG Marty Jackley, Kristi Noem & the Thom v. Barnett....