The state’s Attorney General provided a final explanation of a proposed ballot measure to legalize adult use marijuana in South Dakota, and to allow medical dispensaries that serve those 21 years and older. However, the main proponent of the proposal has said he does not plan to collect signatures nor campaign for this change.
According to the final explanation of Attorney General Marty Jackley (R), this measure was sponsored by Rapid City resident Emmett Riestroffer. It would allow “individuals over 21 years old to possess, grow and ingest marijuana or marijuana paraphernalia” Adults can possess up to 3 ounces of pot and grow six plants. There is a limit of 12 plants per house.
Cannabis-related activities by those under 21 will remain illegal.
@SDAttorneyGen releases final ballot explanation of draft initiated measure which would legalize marijuana for recreational use and create dual-use licences for medical marijuana dispensers. The AG’s Office does not take a position on such a proposal. https://t.co/x43brsqhKD pic.twitter.com/LQWvLGrCCW
SD Attorney General December 7, 2020 HTML0
Under the proposal, sales would take place through existing medical marijuana clinics. These dispensaries would then be able obtain dual-use licensing through the Department of Health of the state. The explanation states that local governments can’t prohibit dual-use licences, but they can limit the number of licenses available in their jurisdiction.
Employers and property owners can still restrict marijuana usage under this measure.
The attached draft of the proposed ballot initiative states that adults can possess up to 24 g of concentrated cannabis, as well as non-concentrated cannabis products with less than 2,400 micrograms THC.
For the measure to qualify for the general election of 2024, organizers will need to collect at least 17,509 signed by registered voters before a May deadline. It would need to be passed by a simple majority if it was placed on the ballot.
Jackley’s office released a draft of an explanation for the proposal last month . ‘s press release states that his office has received six comments in the 10 days since then.
Reistroffer said he has no current plans to collect signatures for the measure or to campaign next year. He also stated that he does not want to compete against a separate legalization initiative already collecting signatures to be placed on the ballot in 2024.
Reistroffer stated by email that “I am not currently planning a campaign.” “I simply wrote and filed the language in order to make sure a reasonable option was available.”
He added, “I prepared the option I believe is best.” “There is another initiative that’s moving forward so mine has been put on hold for the moment.”
South Dakotans for Better Marijuana Laws (SDBML) is behind the proposal. They are collecting voter signatures to get it on the ballot in 2024. This proposal, supported by South Dakotans For Better Marijuana Laws(SDBML), received in August. The proposal states that adults over 21 can “distribute,” cannabis. However, it has been revised to remove the word “sell.”
The proposal’s wording is unclear to some, including Jackley’s office.
The summary of the measure by the Attorney General stated that “Judicial clarification 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 recent statement to Marijuana Moment.
Reistroffer stated at the time that 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, while 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.”
Matthew Schweich, who is the proponent of SDBML’s initiative, wasn’t immediately available to comment on Friday.
It’s possible that supporters of Reistroffer could launch a signature campaign later to bring the measure to voters.
In response to the new campaign by supporters of legalization, opponents have submitted two additional ballot measures that would tighten state drug laws. The first would repeal the medical marijuana law in the state, and the second would prevent federally prohibited substances from being legalized.
In August, the state attorney general completed the ballot explanation for medical marijuana repeal measure. The SDBML said recently that the repeal measure should not be implemented because it was submitted incorrectly. It did not include the full 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 ballot 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 a compromise with the Senate. This was a blow to the governor.
Noem’s office began exploring 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 re-enter the election.
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.
Colorado Governor: Marijuana Prohibition Created a ‘Chicken and the Egg’ Research Dilemma that’s Blocking Federal Reform
Photo by Chris Wallis // Side Pocket Images.
The post South Dakota Attorney general releases final ballot explanation for marijuana legalization initiative first appeared on Marijuana Moment.
