After HB 1100 failed to pass the Senate, South Dakota Initiative Measure 26 (IM 26) will begin on July 1, 2021. Some lawmakers claimed it can’t happen. There isn’t enough time. Others say there is plenty of time. A medical cannabis program across the state will be ready by July 1st.

IM 26

IM 26 received a 70 percent voter approval in the last general election. But since November 2020, South Dakota Governor Kristi Noem (R) has been working against her citizens. She introduced HB 1100, which would delay the start of IM 26 from July 1, 2021 to at least July 1, 2022. Her measure passed the House but stalled and finally died in the Senate when both chambers failed to come to an agreement.

Recently, Governor Noem’s office introduced a compromise. This compromise would lower the amount of plants a patient could grow in their house. Additionally, a ban on smokable products for anyone under 21 would be placed. Surprisingly, a small amount of decriminalization for possession up to one ounce also made its way into the compromise. However, shortly after introducing the compromise, Governor Noem removed the decriminalization clause. She will not compromise on that measure. Her compromise hasn’t been formally introduced. It’s not currently on lawmakers’ radars for actual consideration. If she wants her compromise considered, Governor Noem will need to call a special session. It is unclear if she will do so.

‘Cannabis Caucus’ 

HB 1100 wanted to create a large group of individuals who worked together to create the medical cannabis program for South Dakota. Even though that fell through, an unofficial group, dubbing themselves the ‘cannabis caucus,’ has taken up implementation measures. Led by Representative Mike Derby (R), he said, “I believe that timeline is doable, and I feel good about it. I think we can do it in a responsible way and meet the wishes of the voters.”

IM 26 includes two major components. First, the Department of Health needs to create a regulatory framework by October 29, 2021. Second, the first medical cannabis prescription card must be issued no later than November 18, 2021. Daniel Bucheli, the spokesman for the Department of Health, says a lot of hard work is being done behind the scenes. The Department of Health is working diligently to make sure IM 26 gets implemented as written. Just as the voters asked for.

IM 26 is still under debate and discussion. But lawmakers and activists are excited about the coming legalization of medical cannabis in South Dakota.

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