South Dakota’s Attorney General released a draft explanation for a second ballot measure that would legalize recreational marijuana. The new proposal, unlike a separate proposed initiative that was filed earlier in the year includes plans for licensed and regulated retail sales of marijuana to adults, as well as legalizing home cultivation and possession.
The draft statement of the Attorney General states that this measure was sponsored by Rapid City resident Emmett Riestroffer. “It allows individuals 21 years of age and older to possess marijuana, grow marijuana, ingest marijuana, or distribute marijuana paraphernalia,” it says. Adults can possess up to 3 ounces and grow six plants.
Department of Health will be able to issue dual-use licensing to medical marijuana dispensaries that are already selling adult-use products. Local governments could not prohibit licensees from selling adult-use marijuana, but they can limit the number available in their jurisdiction.
The explanation states: “The measure legalizes substances derived from marijuana that are controlled substances under state law.” “Marijuana is still illegal under federal law.”
The proposed ballot initiative, which is attached to this article, also states that adults can possess up 24 grams of cannabis concentrate and other cannabis products without concentration containing less than 2400 milligrams THC.
The @SDAttorneyGen‘s Office has released the explanation for a draft initiated measure, proposed by Emmett Reistroffer of Rapid City, that would legalize recreational marijuana and create dual-use licenses for medical marijuana dispensaries.https://t.co/mw31ihynRO pic.twitter.com/He6lbE38RP
SD Attorney General November 17, 2020 HTML0
The plants would have to be locked away in a private space, not visible to the public. Individuals could then possess any marijuana that was produced by these plants.
In the measure, it is also stated that adults can transfer marijuana “without consideration” to other adults. This could be interpreted as gifting marijuana.
The other measure, which was backed by South Dakotans For Better Marijuana Laws, and for which in August issued a summary final, states that adults over 21 could “distribute,” cannabis. However, it has been revised to remove the word “sell.”
The summary of the measure by the Attorney General stated that “judicial or legislative clarification may be required.”
Reistroffer, the director of operations for the medical marijuana company Genesis Farms and a former SDBML candidate, explained some of the differences in a Friday statement to Marijuana Moment.
Reistroffer pointed out that while his plan included licensing and regulation via the Department of Health the SDBML proposal was silent on these matters. Under the competing plan, the state would also not receive any taxes. Reistroffer’s plan would allow for legal sales to be taxed by state.
Reistroffer explained that, in general, Reistroffer’s plan is more focused on legal sales and regulations, whereas the SDBML plan is more focused on noncommercial legalization.
He said that if South Dakotans wanted to make cannabis legal for adults, regulations and licensing would need to be in place. “I am optimistic that the majority of South Dakotans are in favor of legalization. It makes sense to build adult use off the existing regulatory program for medical cannabis.”
“My initiative is robust, well-written, and has been carefully drafted by a team that includes expert attorneys and retired legislators,” he said. He noted that, unlike the competing measure’s explanation, the Attorney General’s proposal did not “indicate judicial or legislative clarity may be needed.” ‘”
In a press release issued by Attorney General Marty Jackley on Friday, the public has ten days to submit written comments or until November 27 at the end of business hours. The Secretary of State must receive a final explanation by December 7.
states, “The initiated measure will require 17509 valid signatures in order to qualify for the ballot of general elections 2024.”
Two ballot measures would change the legal status of marijuana in South Dakota. The first would repeal South Dakota’s medical marijuana laws, and the second would prevent federally prohibited substances from being legalized ever by voters. In August, the state attorney general completed the ballot explanation of the medical marijuana repeal measure.
SDBML said recently that the repeal measure should not be implemented due to an alleged mistake in the way the proposal was submitted, which failed to include a complete list of state statutes to be undone.
South Dakota 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. If either campaign is to secure a place on the ballot for 2024, organizers must win over reluctant voters.
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 was a blow to 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, more than 11,500 South Dakotans hold medical marijuana cards — nearly twice the number of cardholders expected by state officials to join the program in 2024.
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Photo by Mike Latimer.
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