South Dakota’s Attorney General has approved the final summary language of a ballot initiative for legalizing marijuana in 2024. However, advocates have taken issue with certain parts of the description. They are now considering taking the matter to court.
Attorney General Marty Jackley released the final explanation Thursday. supporters’ main concerns with the draft version were not resolved by his office, despite the fact that he received public comments from the cannabis campaign.
Matthew Schweich, Director of South Dakotans For Better Marijuana Laws SDBML (SDBML), told Marijuana moment on Thursday that there are some significant problems.
The explanation has been revised to remove the word “sell”, but it still states that adults over 21 can “distribute”, despite the fact the measure was deliberately drafted to exclude commercial sale in order to avoid constitutional challenges.
Schweich pointed out the addition of the word “recreational,” which he called “biased and unjust.” The campaign preferred to say it simply legalizes marijuana for adults.
The final explanation ends with what Schweich called the “biggest issue.”
The Attorney General’s summary states that “Judicial clarification or legislative clarification may be required.”
The implication of a legal uncertainty surrounding the measure might appear benign, but it could be problematic for South Dakota due to the history of ballot initiatives that have been passed in the state. The state Supreme Court invalidated a ballot measure that voters had approved in 2020 to legalize adult use. Voters may be reluctant to support it again if the same thing happens.
Schweich explained that “that final phrase, in the context of Amendment A and the court case which overturned it, I think will give voters the impression there are legal questions over this initiative even though it was written very conservatively to avoid a lawsuit on a single topic.” This is why this initiative has no sales. “I think it’s unfair for voters to see that final statement on the ballot.”
The campaign claims that the concerns are nuanced but important. Last year voters rejected legalization, so it is not guaranteed to pass. If even a small percentage of the electorate votes in opposition because of the state’s summary language, then the issue could be doomed.
He said, “In an age when the cannabis reform movement has very little funding, everything counts.” “I don’t think many people realize that very little money is going towards cannabis reform ballot measures. It used to exist. It’s no longer there. We’re now working with limited resources and campaigns to reform cannabis that were previously well-funded are now underfunded.
In a email that Schweich had sent to the Attorney General following the release earlier this month of the draft explanation, the campaign also requested that in the final text the word “marijuana’ be replaced with “cannabis”. But the office refused to accept any of these changes and instead made only structural changes to the draft.
Schweich added that the campaign was considering filing a lawsuit during the seven-day window they were given.
The most important thing for activists to do is raise enough money to run a full-scale campaign.
SDBML may start collecting signatures on a voluntary basis, and “get what we can” but without the additional funding needed to run a campaign statewide and to ensure ballot placement they could ultimately decide to not support the measure.
Soon we will have to answer the question: Can we really finance his campaign? Schweich stated that if the campaign cannot be adequately funded, we should not waste time on grassroots campaigns. But it’s still too early to give up on this campaign. I have a little hope that we will be able raise money for this campaign. But it’s definitely still a question mark.”
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The campaign must also win back voters who voted against legalization in the past year if they are to secure funding and a ballot position.
This was the third poll in a row. This was third poll in a line that showed the legalization measure trailing.
A Republican activist has filed two initiatives in order to repeal the law, and prevent federally prohibited substances from being legalized. This month, the state attorney general completed the ballot explanation of the medical marijuana repeal measure.
In 2021 Gov. Kristi Noem’s (R) attempt to get the legislature to approve a bill that would delay the implementation for the state’s Medical Cannabis Program by an additional year was unsuccessful.
In response to this, her office began exploring a compromise. One proposal from her administration was to decriminalize the possession of up one ounce cannabis, limit patients to only three plants, and prevent people under 21 years of age 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.
A study found that 9 out of 10 illicit marijuana samples contained pesticides in a’striking contrast’ to regulated products
Photo by Mike Latimer.
The post South Dakota’s Attorney General Releases Final Summary for 2024 Marijuana Legalization Ballot Initiative But Advocates Weigh Legal Action Over ‘Unfair Language first appeared on Marijuana Moment.
