Supporters of the 2024 ballot initiative to legalize adult use cannabis in South Dakota have called on state officials not to allow a separate initiative to repeal South Dakota’s current medical marijuana law.
South Dakotans For Better Marijuana Laws (SDBML), which is working on qualifying a recreational marijuana proposition for next year’s election, stated in a letter sent to Secretary of State Monae J. Johnson (R), that petitions supporting the repeal of medical cannabis did not meet state requirements and needed to be re-filed.
Travis Ismay is a conservative activist who has led the effort to repeal South Dakota’s medical marijuana law, which was approved by voters in 2020. He is also trying to get a measure on the ballot that would prevent future ballot questions from South Dakota to legalize federally prohibited substances.
South Dakotans For Better Marijuana Laws (pro-legalization South Dakotans) believes, however, that the medical cannabis repeal petition does not adhere to state laws.
Matthew Schweich, the executive director of a pro-legalization organization, wrote in a letter that “we strongly believe the rules of our State’s initiative process must be applied uniformly to all South Dakotans.” We respectfully request that your office take action to revoke Ismay’s petition approval and instruct him to refile.
Schweich claims that the petition supporting the proposed medical marijuana repeal measure did not include a full list of laws that would be repealed. Instead, it referred to “Exhibit A” for the 95 sections. The letter cites a law that mandates petitions must contain “the complete text of the initiated measures.”
Schweich wrote: “Our interpretation is that it is not permitted to refer to an additional text in this case, an exhibit.” “And even if the reference was allowed, ‘Exhibit A” is nowhere to be found on this petition. “Exhibit A” is not defined in any prior initiative-related submission by Ismay to your office, South Dakota Legislative Research Council or South Dakota Attorney General.”
Ismay didn’t immediately respond to Marijuana Moment when asked for comment about the allegations.
Schweich said to Marijuana Moment that he had “no concern” that voters will repeal the medical marijuana laws that they approved in the 2020 election if a new prohibitionist measure is on the ballot the following year. “The motivation behind this email is simply to make sure that everyone follows the same rules.”
He said, “I have made great efforts to comply with all of these rules, even those I completely disagree with.” “I think there should be some changes made to the rules governing the format of petitions. While the rules are still in place, they must be followed. I don’t believe it is fair to allow opponents to cut corners.
Marty Jackley, South Dakota’s Attorney General (R), published a summary of the ballot for the proposed initiative that would repeal the state’s Medical Marijuana Program. The document states that if approved, the repeal would make all possession, use and cultivation of marijuana, as well as manufacturing and selling marijuana and marijuana-related products, a crime.
To qualify for the ballot in 2024, the initiative needs to receive at least 17509 valid signatures of registered voters.
It seems unlikely that the voters will support Ismay’s measures even if he gathers enough signatures. Nearly 70 percent of voters approved the 2020 medical marijuana measure.
The voters rejected a ballot measure to legalize adult-use marijuana in 2018. They had approved an earlier version of the measure in 2020, which was invalidated by state Supreme Court.
This was the third poll in a row. This was third poll in a line that showed the legalization measure trailing.
After voters approved the legalization of medical cannabis in 2020, Gov. Kristi Noem, a Republican, tried to convince the legislature to pass a bill that would delay implementation by an additional year. The bill passed the House but negotiators failed to reach an agreement in the Senate conference. This resulted in a loss for the governor.
Noem’s office began exploring a compromise in response. 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.
In November 2021, a Marijuana Interim Study Committee headed by legislative leaders was formed to examine cannabis policy reform. The panel recommended that the legislature consider legalization. This recommendation was directly responsible for the House-defeated bill.
Currently in South Dakota, more than 11,500 people hold medical marijuana cards –nearly twice the 6,000 cardholders state officials had expected to enroll by 2024.
American Nurses Association Recognizes Marijuana As A Formal Practice Area
Photo by WeedPornDaily.
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