Oct 27, 2026
The fight for legalization is far from over, and this year's election will be key in deciding whether South Dakota will continue its life-altering cannabis arrests during the next four years, as it is still one of the 19 states where a joint can land you jail time. Make your voice heard for cannabis reform in Mount Rushmore state.
South Dakota has the highest rate of cannabis-related arrests in the nation. The staggering arrest rate is about 256 individuals arrested per 100,000 residents. Also, possessing any amount of cannabis remains a misdemeanor with up to a year in jail and a fine of up to $2,000. These life-altering consequences can make it harder to get a job, find housing, and potentially lead to child custody issues.
In 2025 alone, 2,368 South Dakotans were arrested for cannabis possession.
Meanwhile, more than half of Americans now live in states where cannabis is legal. It's time for South Dakota to catch up.
South Dakota will decide on one seat in the U.S. House and one in the Senate this election, as well as all seats in South Dakota’s state legislature. While MPP lacked the bandwidth to create a voter guide for state legislative races, we did break down South Dakota’s two highest-polling candidates who will face off for the top seat in the state — Governor.
The Democratic candidate for governor is Dan Ahlers. Although Ahlers does not explicitly state where he stands on cannabis policy, in a debate this past September, he signaled that he respects the will of the people, stating, “When the citizens of South Dakota passed medicaid expansion, the legislature came in and tried to undo it, when the people of South Dakota passed recreational medicinal marijuana, the governor worked with law enforcement to undo the will of the people.”
The Republican candidate is incumbent Governor Larry Rhoden, and his platform does not mention cannabis policy. He has not been in office long enough to have made decisions on cannabis legislation. He did sign SB 39, a bill that limits hemp-derived THC products available to South Dakotans.
Early voting has begun! In this election, voters will choose who represents them in the U.S. House, the U.S. Senate, and the state legislature. Those elected will help decide whether cannabis reform moves forward in the years ahead.