Voters reject marijuana legalization in North Dakota and South Dakota

Voters in two sparsely populated red states, North Dakota and South Dakota, have rejected ballot initiatives that would have legalized recreational marijuana. With nearly all ballots counted on Tuesday night, North Dakota’s Initiated Measure 5 had received support from less than 48 percent of voters. South Dakota’s Initiated Measure 29 was favored by about 42 percent of voters with three-quarters of ballots counted.

Registered Republicans outnumber registered Democrats by more than 2 to 1 in South Dakota, where the GOP has controlled the governor’s office and both chambers of the state legislature since 1995.

In 2020, South Dakota voters nevertheless approved two ballot measures that would have simultaneously legalized both medical and recreational marijuana. The medical initiative was favored by nearly 70 percent of voters, while the recreational initiative got 54 percent. After Kristi Noem, South Dakota’s Republican governor, mounted a successful court challenge to the recreational initiative, reformers tried again in 2022, when 53 percent of voters said no.

South Dakota voters got another chance to change their minds this year. Measure 29 would have allowed adults 21 or older to possess two ounces or less and grow up to six plants at home. It also would have allowed sharing among adults “without consideration.” Like the 2022 initiative but unlike the 2020 version, this year’s ballot measure does not authorize commercial production and distribution.

Measure 29’s backers far outspent its opponents, but polls conducted prior to the election were not encouraging. A survey conducted last May put support for the initiative at 42 percent, with 52 percent opposed and the rest undecided. A poll conducted last month found that 45 percent of likely voters favored the initiative, with 50 percent opposed and 5 percent undecided.

The ratio of Republicans to Democrats is similarly lopsided in North Dakota, where the GOP has likewise maintained a trifecta since 1995. And as in South Dakota, voters are fine with medical marijuana, which they approved by a 28-point margin in 2016, but leery of recreational legalization, which they rejected in 2018 and 2022.

Measure 5 would have let adults 21 or older possess up to an ounce and grow up to three plants at home. It also would have authorized commercial production and distribution by state-licensed businesses.

The marijuana legalization campaign had an even bigger financial advantage in North Dakota than in South Dakota: Ballotpedia had not identified any opposition spending as of September. A survey of likely voters conducted that month found that 45 percent favored recreational legalization, 40 percent were opposed, and 15 percent were undecided. Those undecided voters evidently broke the wrong way.