The South Dakota Attorney General has released an official draft summary of , a proposal to legalize marijuana. Advocates hope to put the initiative on the ballot in November 2024.
This procedural change brings South Dakotans For Better Marijuana Laws’ (SDBML) campaign one step closer to collecting signatures and putting the measure in front of voters next year.
Advocates plan to first use the 10-day period for public comments that began after Attorney General Marty Jackley’s (R) submission of the draft summary was made last week, to request a revised version. The current version states that the measure “authorizes” the “distribution”, even though the initiative does not include a sales component.
This issue represents a major change from the original initiative, which was filed by the campaign in December. In the previous version, existing medical cannabis dispensaries would have been allowed to sell their products to adults. However, these provisions were removed to avoid a legal challenge.
Matthew Schweich, Director of SDBML told Marijuana Moment that the state’s requirement for ballot measures to focus on a single issue has been used in the past to undermine a successful issue.
The draft ballot title of the attorney general states, “An initiating measure legalizing the possession, use, and distribution of marijuana.”
The summary states that “This initiated measure permits individuals over 21 to possess, cultivate, sell, ingest and distribute marijuana, or marijuana paraphernalia.” Individuals are allowed to possess up two ounces (in a form that is not marijuana concentrate, or any other marijuana product) of marijuana. A person may have up to six plants of marijuana, with a maximum of twelve plants per household.
The South Dakota Attorney General’s Office has submitted an explanation of a draft initiated proposal, proposed by Matthew Schweich from Sioux Falls that would legalize marijuana for recreational use. https://t.co/j8UU4JG4S0 pic.twitter.com/gjxiu7YZov
SD Attorney General (@SDAttorneyGen August 11, 2020 HTML0
The measure also limits possession of other marijuana products and forms. “Under the measure, the possession, consumption, and distribution marijuana and paraphernalia remain illegal for those under 21.” It is still illegal to drive while under the influence.
The summary also describes how employers can continue to prevent workers from using cannabis.
This measure is not intended to affect hemp laws. This measure does not affect state laws relating to the medical marijuana program. The measure legalizes substances derived from marijuana that are controlled substances under state law. Federal law still prohibits marijuana. “An additional clarification by the courts or legislature may be required.”
The campaign’s primary concern is that it implies that recreational marijuana would have a regulated sale model, but in reality this was purposefully excluded from the revised measure.
Schweich: “I strongly disagree with the use of the term ‘distribution’. I have seen this many times in the past. This initiative does not involve any legal sales. “There’s a policy on gifting, but I doubt that the average person would use the word “distribute” when discussing gifts.”
He said that when you mention distribution in relation to cannabis, it’s obvious you are talking about sales of cannabis. “It is unfair and biased to use a small gifting provision, which exists in almost every other legalization legislation to claim that distribution should be included in the title.
The campaign is now in its third consecutive election cycle to try and legalize marijuana. Voters approved a 2020 constitutional amendment that would have enacted the reform, but later the state Supreme Court invalidated it due to a single-subject challenge. A statutory legalization measure was on the ballot in 2022 but it was rejected by voters. Advocates attribute this to low voter turnout and limited resources.
Schweich stated that although the current campaign is positioned to start collecting signatures in late September or even early October, the team has not yet made a decision about whether they will fully support the initiative. He serves as the deputy director of state campaigns at the Marijuana Policy Project.
This decision will depend on the South Dakota campaign’s confidence that they will receive enough financial support to justify a second attempt at the ballot. The initiative is ready but supporters don’t wish to repeat the mistakes of 2022 when industry stakeholders failed to meet expectations.
Schweich stated, “It’s a question whether or not this campaign will go forward. It needs to be well funded.” “I have learned many lessons through these campaigns over the years, and I think the biggest lesson is not to run campaigns that are underfunded. Don’t do this.”
He said: “I won’t invest the time and effort of MPP, or South Dakotans For Better Marijuana Laws, into a new campaign, unless I am confident that there will be enough funding available.” We risk losing two games in a row if we don’t. That is unpalatable.
Schweich said he is not worried that voters would be less inclined to support an initiative for legalization without provisions for commercial sales. He stated that voters “recognize if legalization passes, regulations are likely to follow, regardless of whether the initiative is passed or not.”
—
Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
While voters approved adult-use legalization back in 2020, recent surveys indicate that attitudes may have changed in the years following. In a survey conducted before the election last year, 51 percent of South Dakotans said they would vote against legalization, 40 percent supported it, and 10 percent were undecided. This was third poll in a line that showed the legalization measure trailing.
Voters did, however, approve a ballot initiative for medical cannabis legalization during the 2020 campaign.
Recently, a Republican activist filed two initiatives in order to repeal the law and prevent federally prohibited substances from being legalized ever again by voters. Last month, the state attorney general published the draft ballot explanation of the medical marijuana repeal measure.
In 2021 Gov. Kristi Noem’s (R) attempt to pass a bill that would delay the implementation for the state’s Medical Cannabis Program by an additional year failed.
In response to this, her office began exploring a compromise. One proposal from her administration was to decriminalize the possession of cannabis up to an ounce, limit patients to only three plants, and prevent people under 21 years old from being eligible for medical marijuana.
The House in the 2022 session rejected a bill of legalization that had been passed by the Senate. This left it to the activists to try to get back on the ballot.
The panel recommended that the legislature legalize cannabis. One of the direct results of this recommendation was the House-defeated bill.
DOJ says Federal Appeals Court ruled ‘incorrectly’ that gun ban for marijuana consumers is unconstitutional
Photo by Mike Latimer.
The post South Dakota Attorney general files draft Marijuana Legalization Initiative title and summary for 2024 ballot first appeared on Marijuana Moment.
