South Dakota Governor Kristi Noem (R) asked lawmakers to push back the start of medical marijuana by a year. Her statement came shortly before the House passed HB 1100A, which pushed back the implementation date from July 2021 to 2022.

“We are working diligently to get IM 26 implemented safely and correctly,” said Governor Noem. “The feasibility of getting this program up and running well will take additional time. I am thankful to our legislative leaders for helping make sure that we do this right.”

IM 26

Initiated Measure 26 (IM 26) received 70 percent voter approval in the 2020 General Election. It proposed the creation of a medical marijuana program for qualifying citizens. According to South Dakota law, any measure passed in the previous general election must begin July 1st. However, Governor Noem argued that the eight months between the election and July 1st isn’t long enough to create a medical marijuana program. 

A report from independent company Cannabis Public Policy Consulting (CPPC) reiterated that eight months is not enough time to correctly implement any legalization policy. Additionally, a medical marijuana program should be established and running within a state before a recreational marijuana program is introduced. These findings go against voter-approved Amendment A. The amendment received a 58 percent approval in the general election to create an adult-use marijuana program. Currently, the state considers Amendment A unconstitutional, but activists plan on filing appeals. The South Dakota Supreme Court will likely be hearing the case for this amendment in the coming months.

HB 1100A

There has been some outcry from various lawmakers within the House and the Senate. Senate Minority Leader Troy Heinert (D) spoke out against HB 1100A. He says that voters made their voices heard and they should not be denied what they clearly want. Melissa Mentele, the campaign manager for IM 26 and the Executive Director of New Approach South Dakota, has also shared her outcry for the proposed delay. While writing IM 26, activists researched other states that created their own programs. They looked at how the programs had been running for the past few years in order to learn about best practices. All this research was done before activists even propose the measure to voters.

“The policy is detailed and based on best practices from other states. The legislature does not need to change Measure 26 — we wrote a complete policy,” she said. “All they need to do is respect the will of the people and allow the state to implement a medical marijuana program for qualifying patients.”

Future

Surprisingly, the language within HB 1100A acknowledges that voters approved IM 26. There is speculation that Governor Noem is using this measure as a way to create a more restrictive program in the meantime. While campaigning before the 2020 election, Governor Noem clearly supported anti-legalization efforts for both medical and recreational marijuana. 

“It’s not good for our kids. And it’s not going to improve our communities,” Governor Noem said. “As your governor, I’m urging all South Dakotans to vote no on legalizing marijuana this November.”

Whether or not Governor Noem will push against IM 26 has much as she has done for Amendment A is unclear. Meanwhile, thanks to HB 1100A, a committee will form to start the implementation of IM 26. Their goal is to research, approve amendments, and answer questions that may come about. And now they have more than enough time.

As more news comes from South Dakota on marijuana legalization, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.