In a unanimous vote, the South Dakota Legislature Executive Board agreed to discuss recreational cannabis legalization in the upcoming regular session in 2022. This vote follows a report from the Marijuana Interim Study Committee. They convened shortly after medical cannabis legalized in the summer of 2021. Their task is to discuss and look at other states which have offered legalized recreational cannabis and see if it would be a good fit for South Dakotans.

Shortly after their first meeting, the Committee submitted two recreational cannabis legalization bills and 23 proposals related to the state’s medical cannabis program. The Executive Board, which includes the House of Representatives Speaker and Senate president pro tempore, reviewed all material submitted and voted to not only discuss each, but to make it a priority in the regular session. 

Other Proposals

The two recreational cannabis legalization bills aren’t the only thing that could be discussed in 2022. Activists from South Dakotans for Better Marijuana Laws (SDBML) are currently collecting signatures for their own ballot measure for recreational cannabis legalization. 

Most recently, SDBML missed their initial signature submission deadline at the beginning of November. However, a circuit judge slashed the current signature submission guidelines, calling them unconstitutional. Now, instead of needing to submit nearly 17,000 valid signatures one year ahead of an election, activists can submit signatures six months before an election. This is something SDBML officials say is definitely possible. 

Supreme Court

Additionally, the Supreme Court is still debating the legality of Amendment A. This amendment, approved by voters by 54 percent in the 2020 election, legalized recreational cannabis for adults 21 and over. However Amendment A received a lawsuit on behalf of Governor Kristi Noem, R. This sent the amendment to a circuit court, where the judge found it unconstitutional. 

In April, Amendment A’s case went to the South Dakota Supreme Court. Since then, the court has been silent on any information. There is no indication on where the court will lean, either in favor of Amendment A, or against. It is unclear when the Supreme Court will release it’s verdict. This is why activists are collecting signatures and lawmakers are making legalization a priority. A majority of South Dakota voters approved Amendment A, and therefore recreational cannabis. It’s up to them to make sure legalization becomes a reality.

Should more information come from South Dakota, we will update you with the latest.

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