Previously, the South Dakota Governor urged lawmakers to push back the implementation period of voter approved Initiative Measure 26. This measure received 70 percent of votes in the 2020 general election and would create a legal medical marijuana program within the state. 

However, Governor Noem has been pushing back against IM 26 because it doesn’t offer enough time for the state to safely and effectively create a medical marijuana program. Shortly after her plea, House Bill 1100 became introduced and sent to the House State Affairs Committee. This bill would push back the start of IM 26 by at least a year. In the mean time, it would create an interim committee for answering questions and creating a better plan for medical marijuana program in the state. 

“We are working diligently to get IM 26 implemented safely and correctly,” Governor Noem says. “The feasibility of getting this program up and running well will take additional time. I am thankful to our legislative leaders for helping make sure that we do this right.”

House Bill 1100

HB 1100 had its hearing this past Wednesday February 17. There, it received several hours of debate and discussion. HB 1100 became HB 1100A, a nine page amendment placed on the original bill. As amended, the bill will move to a full House chamber vote.

Alot of what is inside HB 1100 is how the state will create a committee of different people from different professions to build the best legislature possible. Citizens want a program, they just don’t know how to write one correctly. So lawmakers are correcting their measure for them. The bill states: 

“An interim marijuana committee shall be appointed. The speaker may appoint five members of the House of Representatives. The president pro tempore may appoint five members of the Senate. The attorney general may appoint one state’s attorney and one attorney from the Office of the Attorney General. The Governor may appoint one representative from each of the Departments of Health, Revenue, and Public Safety. The Governor may also appoint one representative of law enforcement, one health care practitioner with knowledge of medical marijuana issues, one nurse, two representatives from the medical marijuana cultivators or manufacturers or retail industry, one patient with a debilitating condition who intends to use medical marijuana, or one representative of local governments”

So, a 22 person committee is going to meet every so often to discuss concerns the House, Governor, and other various lawmakers establish. The committee’s purpose is to come together to answer any questions individuals or organizations have before the medical cannabis program starts.

Questions

Some major questions are:

• Who qualifies for medical marijuana and who doesn’t?
• How will verification cards work and how will qualifying patients apply for them? Additionally, who will send the cards to approved patients?
• How practitioners are to distinguish how a patient qualifies for the medical marijuana program?
• If the patient needs caretakers, are the caretakers allowed to carry cannabis for them?
• How to create an online program for registration and evaluation of patients and practitioners
• Where will dispensaries be located and how they can distribute product to patients?
• How will schools dispense medication for students who qualify for medical marijuana usage?
• How will product be taxed and tracked to make sure they aren’t sold illegally? Also, who will make sure the black market doesn’t explode?

Some lawmakers and activists are against HB 1100A. Many say voters approved IM 26 as written. Currently, lawmakers are asking questions IM 26 already answered. Just give the people what they so clearly voted for. Senate Democrat leader Troy Heinert said, “Well, I think what we should do is respect the will of the voters, plain and simple.” Lawmakers shouldn’t be fighting against medical cannabis legalization. Unfortunately, they are. Activists are trying to show them this but lawmakers don’t seem to be listening.

HB 1100 passed it’s committee vote 10-3 and will make its way to a full House vote and discussion. If HB 1100 passes the House, then it will move to a Senate committee and a full Senate vote before going to the governor’s desk.

As more news becomes available, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.