Editorial Roundup: South Dakota

Yankton Press & Dakotan. November 29, 2021.

Editorial: What’s Next For South Dakota Recreational Cannabis?

By this point, it probably wasn’t all that surprising that the South Dakota Supreme Court last week struck down 2020’s Amendment A, the voter-approved measure that paved the way to legalize recreational marijuana, as well as cement the legal standings of both medical cannabis (which was also passed by voters last year with the overwhelming triumph of Initiated Measure 26) and industrial hemp.

It took seven months from the time the case was heard in Pierre until the decision was finally issued on the day before Thanksgiving. Perhaps the release date was a coincidence, but that timing also fed the imaginations of the wearily suspicious.

The 4-1 decision of the court ruled that the three types of marijuana addressed in the amendment constituted three different issues, and state voters a few years ago approved a law limiting such measures could only address one issue at a time. By that parameter, the decision does seem logical, although it should also be remembered that, until about four years ago, the law treated all those items the same anyway. But timing is everything.

However, an argument by Amendment A opponents that voters were confused by the “multiple issues” in the amendment seems insulting. We believe voters knew what they were voting for in Amendment A, otherwise it might have passed with the same 70% approval that IM 26 saw. Whenever lawmakers try to tell you that voters were confused by a decision that said lawmakers opposed in the first place, be wary and maybe a little angry.

Anyway, recreational marijuana in this state seems far from dead, even though the governor, several lawmakers and several law enforcement officials have worked to derail it (and will likely continue to do so).

Overall, lawmakers know how to read election results, which was evident last winter when they bailed on attempts to slow-walk medicinal marijuana toward voter-sanctioned reality. The fact that some legislators have recently been discussing efforts to make recreational marijuana legal through legislative channels suggests that some action will be proposed this coming winter to address the matter and satisfy the will of the electorate.

Meanwhile, groups in favor of legalizing recreational marijuana decided not to wait for the Supreme Court to make its decision. They began circulating petitions this fall to get the matter on the 2022 ballot. So, if the Legislature fails to address the matter, voters may have a chance to reaffirm their decision.

As such, last week’s decision, although a major turn of events, may only be a speed bump in the scheme of things. For that, we’ll have to watch what happens in Pierre in the months ahead to see how the issue progresses or is impeded.

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