A few days ago, the South Dakota House conducted a ‘smoke out’ and resurrected SB 3. This recreational cannabis legalization bill passed the Senate earlier this legislative session. Unfortunately, the House voted 28-40 against putting SB 3 on the House’s Discussion Schedule. This effectively killed the bill before it could be discussed or debated.
Several lawmakers had asked their colleagues to simply discuss the matter as voters had approved recreational cannabis legalization in 2020. “All of South Dakota voted on this issue,” said Representative Greg Jamison, R. “The entire Senate body voted on this issue. Today is our chance to complete the cycle of this issue.”
SB 3 and Amendment A
In November 2020, South Dakota voters approved of both medical cannabis and recreational cannabis legalization measures. IM 26, which legalized medical cannabis for qualifying patients, received nearly 70 percent of the vote in 2020. Amendment A legalized recreational cannabis with 54 percent approval.
The 2021 legislative session saw long discussions surrounding IM 26, with a bill to delay and change IM 26 circulating. It failed to make it to Governor Noem’s desk, who had originally introduced the bill into the South Dakota House. Then, in April, the South Dakota Supreme Court readied to hear the lawsuit against Amendment A. A circuit judge had ruled the amendment unconstitutional for breaking the single clause act in the state’s constitution. This lawsuit was brought about on behalf of Governor Noem, who appeared to be blocking any attempt for cannabis activists from moving their measures forward.
While activists and lawmakers waited for the Supreme Court to release their verdict, activists filed another ballot measure nearly identical to Amendment A to, once again, put recreational cannabis legalization before South Dakota voters. Then, in November, the Supreme Court came back with the same verdict. Amendment A broke the single clause rule and was, therefore, unconstitutional.
After Amendment A failed, lawmakers agreed to bring a recreational cannabis legalization bill forward for discussion, similar to the situation in Mississippi. The Mississippi Supreme Court overturned the medical cannabis ballot measure on a technicality not rewritten once the state lost one of its congressional seats from redistricting. Mississippi lawmakers took it upon themselves to pass a similar medical cannabis bill as voters had approved of the measure by 74 percent. Earlier this year, Mississippi Governor Tate Reeves, R, signed the medical cannabis bill into law. Activists in South Dakota had hoped for the same reaction with Governor Noem.
Next Steps for Recreational Cannabis
Shortly after the South Dakota House struck down SB 3, Matthew Schweich posted on social media. He is the campaign director of South Dakotans for Better Marijuana Laws (SDBML). “We are disappointed by this outcome but we are not surprised,” the social media post said. “We have long been aware of the fact that most politicians in Pierre do not respect the opinions of their constituents when it comes to cannabis policy.”
The post continues, “We will continue our signature drive, and put legalization back on the ballot this November. And we will win for a second time. We’ve done it before, we will do it again.”
Activists continue to collect signatures for their new ballot measure despite a few setbacks. As more information becomes available, we will update you with the latest.
Make sure to check back for more cannabis, hemp, and psychedelic related news.