A Republican activist filed two initiatives in South Dakota to repeal the medical cannabis law of the state and prevent federally prohibited substances from being legalized.
The draft ballot explanation of the medical marijuana measure repeal was released by the state attorney general on Friday. This opened a period for public comments. Travis Ismay’s second initiative, which has a typo in the title (the word “band” is used instead of “banned”) will need to be revised. The Legislative Research Council identified several potential issues.
Marty Jackley, the Attorney General (R), is not taking any position on Ismay’s proposal to repeal medical marijuana, but his office has a legal obligation to give a neutral explanation. The initiative would make “all possession, use and cultivation of marijuana, as well as the sale, manufacture and sale of marijuana products, a crime.”
explains that “this initiated measure does NOT affect laws dealing hemp.” The explanation is open to public comments until August 6,. “Marijuana remains illegal under Federal law.”
The petition is several pages in length, because LRC demanded that every provision of medical cannabis laws already in place be completely stricken out.
To qualify for the ballot in 2024, the initiative needs to receive at least 17509 valid signatures.
LRC recommends that Ismay makes several changes to the separate proposal he submitted. His original draft summary stated: “We won’t allow federally banned substances to be on our ballot.”
LRC first said that using the pronouns “we” and “our” is confusing. It also said that ballot measures should be written in past tense. LRC further advised that the summary should explain how it would impact the three different types of items–constitutional amendments, proposed laws and referred laws–that can appear on the ballot.
LRC stated that “the sponsor may wish to define certain terms used in this proposal to ensure clarity and precision.” It may be helpful to define ‘federally prohibited substance. ‘”
It also said it might make sense to submit the revised initiative again as a constitutional change, and not a proposed law.
It seems unlikely that Ismay will be able to collect enough signatures to qualify either or measure. This is because the medical marijuana measure on the 2020 ballot passed with an overwhelming majority of nearly 70%.
Last year, the voters rejected a ballot measure to legalize adult-use marijuana.
Advocates blamed the loss on low voter turnout and inadequate funding during the midterm elections. They expressed optimism that voters would enact reform , if it was re-qualified for the ballot in 2024.
Adults 21 years and older could purchase and possess cannabis up to one ounce. The initiative allows adults 21 and older to purchase up to an ounce of cannabis for personal use. The 12-plant limit per household is also included.
A previous legalization proposal for 2020 was approved by the voters, but invalidated by state Supreme Court after a legal challenge by the Governor.
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This was the third poll in a row. This was third poll in a line that showed the legalization measure trailing.
In 2021 Gov. Kristi Noem’s (R) attempt to get the legislature to approve a bill delaying implementation for the medical cannabis program by an additional year failed.
In response to this, her office began exploring compromises. 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.
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Photo by Philip Steffan.
The first time Marijuana Moment was published, the post South Dakota Attorney general files summary of ballot initiative to repeal state’s medical marijuana law appeared.
