This past Thursday, February 11, Governor Kristi Noem of South Dakota held a press conference to answer any questions about recent policy changes and amendments. Many questions focused on her response to voter-approved cannabis measures.

There were a number of cannabis-related updates in South Dakota in the past week alone. On Monday, Judge Christian Klinger of South Dakota’s Sixth Judicial Circuit Court declared voter-approved Amendment A unconstitutional. Amendment A would legalize adult-use marijuana for citizens over 21. 

Then, on Wednesday February 10, Governor Noem released a press statement urging lawmakers to push back the implementation of IM 26. This measure would legalize medical marijuana use for qualifying patients. Shortly after the press statement, HB 1100A passed to push back IM 26. There would not have been enough time to create a medical cannabis program otherwise.

Governor Response

There has been a lot of outcry against the governor and her recent actions. In response, Governor Noem held a half hour press conference. When asked about voter approved Amendment A, she made her response clear. Governor Noem will not legalize recreational cannabis use this year. 

This statement seems strange coming from a governor of a state that approved both recreational and medical marijuana use by 54 and 70 percent respectively. Even the national trend is moving towards increased approval. Gallup performed a poll on cannabis legalization across the country before the last general election. They found that 68 percent of Americans are in favor of legalization. This trend that has steadily increased over the past couple of years. 

Before Governor Noem made her statement, a few members of South Dakota’s Congress created a ‘cannabis caucus.’ This group meets once a week to discuss cannabis legalization within South Dakota. A few lawmakers wonder if Amendment A can be created against the current ruling. Voters have expressed their opinions in the polling booth and lawmakers need to respect that.  

Future

Whether a recreational cannabis program comes this year or not, Amendment A stands has a long road ahead. Particularly with Noem, a governor who does not seem inclined to listen to her voters. If Governor Noem does veto a cannabis bill, it would take a ⅔ majority in both the House and the Senate to overturn the veto.

South Dakota is an evolving situation. As more information comes about, we will update you with the latest. Make sure to check back for more cannabis and hemp related news.