An attempt by a South Dakota Republican legislator to repeal the state’s medical cannabis law has been shot down in committee, marking another defeat for efforts to roll back voter-approved legalization. Despite past attempts to undo the law, support for medical marijuana in the state remains strong.
Committee Rejects Bill by Narrow Margin
State Rep. Travis Ismay’s House Bill 1101, aimed at overturning South Dakota’s medical marijuana program, was rejected in the House Health and Human Services Committee by a narrow 7-6 vote. The decision, made on Tuesday, keeps intact Initiated Measure 26 (IM 26), a law approved by nearly 70% of voters in 2020.
Ismay, a Republican, had previously tried to repeal the program through a 2023 ballot referendum before he was elected to the House. That effort failed as well. This latest attempt highlights ongoing divisions within the state over medical marijuana, even as patient participation appears to be declining.
Voters Have Spoken—Again and Again
South Dakotans have made their stance on cannabis clear at the ballot box. In 2020, they voted overwhelmingly in favor of IM 26, legalizing medical marijuana. They also backed an adult-use cannabis measure in the same election. However, that second initiative was later struck down by the South Dakota Supreme Court following a lawsuit led by a state law enforcement official, acting on behalf of then-Gov. Kristi Noem.
Noem, a staunch opponent of cannabis legalization, has since moved on to a national role as the U.S. Secretary of Homeland Security. Her administration played a key role in halting the state’s push toward recreational cannabis.
Challenges Loom Over Medical Cannabis Market
While South Dakota’s medical marijuana law remains intact, the market has struggled. Several dispensaries have shut down, and patient enrollment has been steadily dropping.
- At least eight dispensaries closed in 2024, including the state’s first non-tribal licensee.
- Patient numbers have declined for 11 consecutive months, according to state data.
Industry analysts point to several factors contributing to the downturn, including regulatory hurdles, high costs, and competition from the illicit market. Some dispensary owners have expressed concerns that the legal framework for medical cannabis in South Dakota is too restrictive, making it difficult to operate profitably.
Political Battles Aren’t Over Yet
Ismay’s failed repeal effort is unlikely to be the last political fight over cannabis in South Dakota. Despite the public’s repeated endorsement of medical marijuana, some lawmakers continue to push for tighter regulations—or outright elimination of the program.
At the same time, cannabis advocates are monitoring the declining patient numbers and dispensary closures with concern. If the market continues to shrink, it could give opponents new ammunition to argue against the law’s effectiveness.
For now, though, medical marijuana remains legal in South Dakota. And with voters having spoken decisively in its favor, any future efforts to overturn it may face an uphill battle.