After the failure of HB 1100 and lawmakers ignoring her medical cannabis compromise, South Dakota Governor Noem is calling for a special session at the end of May. This is something lawmakers didn’t know if Governor Noem would call for, but with a few topics in mind, she has.

Topics For Debate

There are three topics that Governor Noem would like lawmakers to discuss. First is how to divide up the most recent stimulus package from the government for Covid-19 relief. Those need to be decided up on and set in place before too long. Second is debating the prohibition of transgender women and girls from participating in female sports on any level across the state. Governor Noem made executive orders following this measure but she wants to see if lawmakers will make it a law going forward.

The third measure is about adding more provisions to IM 26, the voter approved medical cannabis program that is set to begin July 1, 2021. The governor’s immediate concern about IM 26 is that the measure states that patients can grow, at minimum, three plants. She would like that to be changed to a maximum of three plants because no maximum has been set. 

“Because having someone being able to grow a minimum of three plants means they could get a prescription from a doctor to have medical marijuana,” Governor Noem said during a recent local news interview. “ Then they could raise 50 acres of marijuana if they wanted to. Because there is no maximum cap in there.”

There’s also a provision in IM 26 that would allow medical cannabis patients under 21 to smoke cannabis. Governor Noem would like this to be changed. Finally, the Department of health needs a chance to have rule making authorities. Those changes need to be put in place before July 1 when IM 26 is set to begin.

Potential Response

At the end of the day, it is up to Speaker of the House, Spencer Gosch, on what is discussed. Governor Noem can only call lawmakers back into a special session with hopes of what will be discussed. HB 1100 is sponsored by Representative Gosch and backed by Governor Noem. Unfortunately, it’s likely revisions to IM 26 will happen this special session.  

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