The group South Dakotans for Better Marijuana Laws (SDBML) continues to collect signatures to try and put an adult-use cannabis legalization initiative on the 2022 ballot. This endeavor began shortly after the Supreme Court of South Dakota took up the case against Amendment A. This voter approved amendment would allow for an adult-use recreational cannabis program in the state. However, opponents of Amendment A, sponsored by the South Dakota Governor Kristi Noem, R, took the case to the Supreme Court, saying it’s unconstitutional because the amendment tackles more than one issue, something not allowed in the state’s constitution. 

Following the case, the Supreme Court has yet to issue a statement on Amendment A. In the meantime, it remains unconstitutional, so an adult-use recreational cannabis program isn’t up and running in South Dakota.

SDBML submitted an initiative and started collecting signatures to put a similar measure to Amendment A on the 2022 ballot. However, according to the South Dakota Constitution, valid signatures must be submitted a year before the ballot. So SDBML needed to submit 16,961 valid signatures by November 8. However, they weren’t able to make that deadline. 

“Unfortunately, we were not able to collect enough signatures to file our petitions on Monday [November 8],” the group posted on Facebook.

Hope Remains

SDBML hasn’t lost hope for an adult-use recreational cannabis program in South Dakota. In August 2021, a judge for the U.S. District Court for the District of South Dakota overturned the law requiring valid signature submission one year in advance. That length of time is unconstitutional and shall reduce to six months in advance. Then, valid signatures have until May 3, 2022 for submission. 

This is a much more reasonable and manageable timeline according to SDBML. They will continue to collect signatures and submit them by the May 3 deadline.

“While we have been aiming for November 8 in order to be certain of ballot qualification,” SDBML explained on Facebook, “the filing deadline was extended to May 3, 2022 by a federal judge earlier this year. It was our preference to file by Monday in order to avoid any potential legal challenges. That being said, the May 3 deadline is the law in South Dakota and we feel confident that we can rely on that extension.”

Next Steps

SDBML continues to collect signatures for their adult-use recreational cannabis program. Meanwhile, the state, pushed again by Governor Noem, is challenging the District Court’s decision. Previously, when the state had challenged the court’s decision, it took over a year for the District court to come up with a decision. If the District Court takes as long for this decision, there could potentially be an overturn of the SDBML initiative since they weren’t able to submit valid signatures by the November deadline. 

Until the District Court makes a decision, SDBML will continue collecting signatures according to the District Court’s ruling. “We’ve been very focused on the signature drive for the last several weeks… We’re going to need to remain focused on the signature drive,” said Matthew Schweich, the director of SDBML.

Should the District Courts make a new decision or more information becomes available, we will update you with the latest.

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