South Dakota Attorney General Releases Draft Marijuana Legalization Initiative
The South Dakota Attorney General has taken a significant step towards potential marijuana legalization in the state. The office has unveiled a preliminary summary of an initiative aimed at legalizing marijuana, a development that could pave the way for the proposal's inclusion on the November 2024 ballot. Advocates backing the measure, collectively known as South Dakotans for Better Marijuana Laws (SDBML), are now inching closer to gathering the necessary signatures to present the initiative to voters next year.
Key Issues and Amendments in the Draft Initiative
The draft summary provided by Attorney General Marty Jackley (R) for the proposed ballot measure has generated discussions due to a notable discrepancy. The summary currently suggests that the initiative permits the "distribution" of cannabis, even though the revised proposal intentionally omits any provisions related to the sale of marijuana. This particular change was made to avoid potential legal conflicts.
The revision represents a key adjustment from the original initiative filed in December, which would have allowed existing medical cannabis dispensaries to sell products to adults. To sidestep the risk of legal challenges, this sales component was removed. This move was prompted by the need to adhere to South Dakota's single-subject rule for ballot measures, which requires a focused approach on one issue to prevent challenges to the initiative's validity.
Implications, Campaign Strategy, and Future Outlook
While the initiative's wording suggests a regulated sales model for recreational marijuana, the reality is that the revised measure excludes any such provisions. This inconsistency has led to concerns among advocates, who argue that the term "distribution" inaccurately portrays the intent of the initiative, which instead includes a gifting policy.
This initiative marks the third consecutive attempt by the SDBML campaign to legalize marijuana through ballot measures. Their 2020 constitutional amendment to legalize marijuana succeeded at the polls but was later invalidated by the state Supreme Court due to a single-subject challenge. The 2022 campaign faced voter rejection amid low turnout and limited campaign resources.
As the campaign gears up to potentially collect signatures starting in late September or early October, the decision on whether to proceed with the backing of the national Marijuana Policy Project (MPP) remains pivotal. Matthew Schweich, Deputy Director of State Campaigns at MPP, emphasizes the importance of sufficient funding to avoid a repeat of the underfunded 2022 campaign's outcome.
Schweich is confident that voters will support the initiative even without commercial sales provisions, as they understand that legalization could lead to subsequent regulations. Despite the 2020 success in legalizing medical cannabis, recent surveys hint at shifting sentiment against broader legalization. While Governor Kristi Noem's attempts to delay the state's medical cannabis program were thwarted in the legislature, the path to legalization remains uncertain.
In the context of the 2022 legislative session, the House's rejection of a Senate-passed legalization bill compelled activists to pursue the ballot route once more. The formation of a Marijuana Interim Study Committee paved the way for legislative recommendations, with the defeated House legislation emerging as a direct result of these recommendations.
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