Most recently, Governor Kristi Noem failed to stop IM 26 from going into effect as written and approved by 70 percent of voters. She even proposed a compromise which lawmakers ignored in favor of moving on to other issues. Now, Governor Noem is calling for a special session to address IM 26 along with a couple of other bills. The Senate Leader is not happy about this. 

Senator Protest

Senator Lee Schoenbeck (R)  is currently the Senate Pro Tempore. This is simply a fancy way of saying he is the president of the South Dakota Senate. He has spoken out against making any significant changes to IM 26. This measure already received thorough debate and at the end of the day, the voters have spoken. They approved IM 26 with a whopping 70 percent. Now, they just want their legal medical cannabis. Lawmakers shouldn’t make any significant or controversial changes to the bill at this point.

“We’ve agreed we should take a look at administrative and technical things on marijuana that are not controversial,” Representative Schoenbeck said. “I would expect non-substantive fixes in medical marijuana will be a subject matter of a special session.”

Beyond Senator Schoenbeck is Senator Mike Rohl (R). He previously criticized the governor’s compromise over her desire for home growth limitation. The limit of plants that Governor Noem wants doesn’t properly reflect the need that patients have. 

Plus, Senator Rohl has a serious concern over the governor’s medical cannabis compromise. As written, any inhaled medication banned for patients under 21 includes fast-acting inhalers for children. The aerosol inhalers used by children help with several health factors. Those include having an asthma attack, an allergic reaction, or seizures. Banning aerosol inhalation is neglect on the governor’s part. Additionally it’s a danger to families and children across the state. And it’s all over the governor’s desire to stop cannabis legalization in any way she can.  

Governor’s Response

Despite the pushback from lawmakers, Governor Noem is moving forward with her plan of calling a special session. Three topics are scheduled. So it’s not just medical cannabis. However, many suspect the session is because of HB 1100‘s failure in the Senate. Ian Fury, Governor Noem’s spokesperson, says the governor’s office is still committed to their proposal. They ask for it’s consideration in the upcoming special session. 

“The governor’s made her proposed changes and we’re happy to work with legislators who have other ideas,” Ian Fury said.

Future

A special session of South Dakota Congress will begin at the end of May or the beginning of June. And many lawmakers are in protest. It’s not how special sessions should be held, they say. 

“I believe special sessions are for emergencies that could not have been foreseen and dealt with at a regular session,” Senator Schoenbeck said. “They are not do-over sessions.”

Plus, voters spoke by approving IM 26 by 70 percent. Hundreds of hours spent in the last legislative session on IM 26 as well as HB 1100 happened. And lawmakers came to a final decision. Everyone has spoken about the measure and it should simply go into effect as written, no matter who agrees with it or not. 

When the special session takes place, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.