Yankton Press & Dakotan. February 21, 2022.

Editorial: A Path Forward For Recreational Cannabis?

As was speculated (and called for) last fall, South Dakota lawmakers are now giving serious consideration to legalizing recreational cannabis.

Last Thursday, the Senate’s Commerce and Energy Committee passed Senate Bill 3, which calls for “the use and regulated sale of (recreational) marijuana.” It was approved by a 5-3 margin and figures to go before the full Senate this week.

This effort was not unexpected, although if such a bill hadn’t been introduced at all this session, it wouldn’t have been a surprise, either.

A constitutional amendment (Amendment A) calling for the legalization of recreational and medical cannabis was approved by South Dakota voters in 2020 by a 54%-46% margin. The outcome was then challenged on the grounds that it violated state law in addressing more than one issue on a ballot question. The state Supreme Court spent seven months in deliberating before nullifying the law last November. (Medical cannabis was also approved in a separate 2020 initiative and is gradually coming online in the state.)

Despite the court ruling, it was clear that the recreational cannabis idea was not going away. A legislative summer interim study group addressed the matter and recommended that lawmakers take up the issue this session. Meanwhile, pro-marijuana groups, growing impatient with the slow pace of the Supreme Court’s lengthy deliberation, announced a new petition drive to get the matter placed on the 2022 ballot.

SB 3, which was heard last week just two days after the House Taxation Committee approved a tax policy on cannabis sales, calls for recreational marijuana legalization while also addressing some concerns about control.

Notably, SB 3 would not allow home-grown plants for recreational purposes, making such a violation a felony. This contrasts with Amendment A, which allowed for the possession of home-grown plants.

As Rapid City television station KOTA reported, such a measure would give South Dakota some of the strictest recreational marijuana laws in the nation, and it would represent a major compromise by pro-marijuana advocates. However, it might also make for easier negotiations down the line with marijuana foes, who have tried unsuccessfully to strike home-growing from the medical cannabis law.

The concession by pro-marijuana forces would indeed be a major step. “We are not absolutists; we are people who believe in finding compromise and making progress,” stated Matthew Schweich, director for South Dakotans for Better Marijuana Laws. “So yes, we are open to ending our signature drive and not putting our initiative on the ballot in November if a good law can be passed.”

If it holds up, SB 3 appears to be a practical compromise on this issue.

Even so, it still has some hurdles to clear, not the least of which potentially facing a veto from Gov. Kristi Noem, if SB 3 gets that far. However, a veto by the governor — or a rejection by the Legislature — might be a gamble, for a new measure passed by voters would likely not carry the same restrictions.

So, there is currently a path for recreational cannabis in South Dakota through the Legislature. It would carry the spirit of Amendment A forward, but with more restrictions and regulations to possibly satisfy law enforcement and other opponents.

Whether this matter is wrapped up in Pierre or decided by voters in November remains to be seen. This week may tell us a lot about that.

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