South Dakota has a second chance to legalize recreational marijuana. What does it mean?
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Two years ago, a majority of South Dakotans approved the legalization of recreational marijuana. But South Dakota's Supreme Court overturned the will of the voters, after determining the language on the constitutional amendment, known as Amendment A, to legalize marijuana wasn't clear enough.
Now, South Dakotans have another chance to vote for legalizing recreational marijuana for those 21 years of age or older through Initiated Measure 27 come Election Day on Nov. 8.
Medical marijuana was made legal the same year the state's voters first attempted to legalize recreational marijuana. However, Go. Kristi Noem's office, along with law enforcement officials pushed back on recreational at the time, filing a court challenge that the ballot language was unconstitutional.
The Supreme Court ultimately ruled after months of weighing the decision that Amendment A violated the single subject clause requirement
Noem is running for a second term this November as well.
“Measure 27 is legalization for the individual,” said Matthew Schweich, the campaign manager for South Dakotans for Better Marijuana Laws, a grassroots political organization that has been working to pass recreational marijuana.
Gone are the sections that were challenged in court, Schweich said, and instead the measure is narrow and simple in its scope.
“When we filed measure 27, we were flying blind and so we filed the shortest, simplest initiative so that we could be cautious and avoid a possible single subject challenge down the road,” he said.
Here’s what you need to know about IM 27 before heading to the voting booth.
What will IM 27 do exactly?
IM 27 seeks to legalize the possession, use and distribution of up to 1 ounce of marijuana for people older than 21, according to the ballot measure language.
It does not impact laws that affect the delivery or distribution of marijuana or its accessories, or the possession, use or consumption by those younger than 21, according to the language.
The measure also adds civil penalties for those who violate the rules surrounding plant cultivation, those who get caught smoking in a public area and those who violate the law and are younger than 21.
There’s no language currently about how marijuana will be regulated, including while someone is operating a vehicle, consumption in areas where smoking tobacco is not allowed or consuming and possessing marijuana on the grounds of a school or correctional facility, according to the measure’s explanation.
The ballot measure also seeks to allow an individual to cultivate up to three marijuana plants in a private residence within a local government jurisdiction without a licensed marijuana dispensary.
More:Statewide poll shows referendum on recreational marijuana legalization in South Dakota could fail
Judicial or legislative clarification for the measure may be necessary, according to the attorney general statement on IM 27.
“We would have preferred to move forward this year with a comprehensive policy,” Schweich explained, saying that because of the Supreme Court’s months-long review of Amendment A, South Dakotans for Better Marijuana Laws were forced to write the slimmest version of the law ahead of the ballot deadline. “In our experience, voters want a comprehensive policy that addresses all different facets of cannabis policy.”
How's IM 27 different from Amendment A two years later?
Well first off, it’s not an amendment to the state constitution like it was in 2020.
“Amendment A included references to medical cannabis and hemp, both of which were cited in the lawsuit that ultimately overturned Amendment A,” Schweich said. “Amendment A also included provisions related to the licensing of cannabis businesses, regulation of those businesses and taxes. All of those pieces have been taken out.”
Schweich has worked on legalizing marijuana in South Dakota since 2019 and has been involved in other ballot reform legalization efforts in Montana, Maine and Michigan.
Schweich said he's proud of the grassroots signature process his group ran to get IM 27 on the ballot back in December.
But, he still gets frustrated when he looks back on the Amendment A court challenge and the time it took for the Supreme Court to come to a decision.
“I think that the South Dakota Supreme Court owes the people of this state an explanation because for me, it's one thing to overturn the will of the people in a prior election, but to then subsequently interfere with the initiative process in the next election is unacceptable,” he said. “Whenever there's election related litigation, that case must be expedited, because there's a lot at stake [like] the public's faith in their election process and the public's faith in the judiciary itself is at stake.”
The Supreme Court found that Amendment A contained at least three different subjects: legalization of recreational marijuana for those 21 and older; medical marijuana and that the Legislature create a regulatory scheme for cannabis.
In their opinion, the court did not address why the decision took six months.
Is there any opposition to IM 27?
Jim Kinyon, who chairs the Protecting South Dakota Kids committee, the political organization against legalizing recreational marijuana, describes himself as a father first and is adamant he’s not a politician but rather a volunteer for the committee encouraging South Dakotans to vote no on IM 27.
“I've dealt with families and kids who struggle with addiction mightily, and I've seen the impact that marijuana has,” said Kinyon, a licensed mental health counselor. He also serves as the executive director for Catholic Social Services in Rapid City.
Kinyon said when he learned few were voicing opposition to the ballot measure, he felt he had to speak out about the “devastating impact” marijuana was having on kids he was seeing come through emergency rooms in Rapid City, where he would perform psych evaluations.
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“We claim to try and create an environment where our kids thrive and grow. We invest millions of dollars in education and athletics, and we aspire to develop kids who are capable and ready to take on the future. And tragically, this won't help,” Kinyon said. “And all the states that they're in [legal marijuana], they haven't made those communities better, the family's healthier. I'm basically one of many moms and dads that are standing up and trying to give voice and trying to figure out how to keep our kids in our community safe.”
If IM 27 passes, anyone younger than 21 will not be sold marijuana at dispensaries and if they’re found in possession could face a civil penalty.
More:Medical marijuana law changing after Gov. Kristi Noem signs cannabis bills into law
How are the gubernatorial candidates reacting to IM 27?
Noem has said that if recreational marijuana was to pass and she was reelected, she would respect the will of the people.
“This appears to be written constitutionally and if it does happen to pass, I will implement it,” she said during the Dakota News Now gubernatorial debate Sept. 30.
Rep. Jamie Smith (D-Sioux Falls), who’s running against Noem, has supported IM 27 throughout his campaign.
“We will have the most robust and safest policies in South Dakota,” Smith said during the gubernatorial debate.
Libertarian candidate Tracey Quint also voiced support for the passage of recreational marijuana.
Health impacts of marijuana
Marijuana remains federally illegal.
The Centers for Disease Control and Prevention find that heavy marijuana use can impact memory and attention, and may also be linked to social anxiety and depression.
However, scientists don't know if marijuana directly cause those mental health issues but it may make symptoms more severe, according to the CDC.
To see the full ballot language and Attorney General statement on the measure, please visit the South Dakota Secretary of State website. You can also check your voter registration information on the website as well.
The last day to register to vote in South Dakota is Oct. 24.
For more election-related coverage, visit the Argus Leader voter guide.
This article originally appeared on Sioux Falls Argus Leader: Recreational marijuana returns to South Dakota ballot as IM 27
