South Dakota lawmakers recently rejected legislation which would have reversed voter approval of medical cannabis legalization in their state, though separate legislation to remove legal protection for patients without registry identification cards for medical cannabis was advanced by committee.
Rep. Travis Ismay (R), proposed House Bill 1101, which would have repealed South Dakota’s medical cannabis statutes entirely and effectively ended the program, by voting 7-6 against this measure on Tuesday in House Health and Human Services committee.
Prior to being elected last year, Ismay unsuccessfully attempted to place an initiative on the 2024 ballot to repeal Michigan’s medical marijuana law; since his election into office however, his bill to achieve the same objective has become moribund and may never pass into law.
On Tuesday morning before voting began, one lawmaker addressed her colleagues that there is no distinction between medical cannabis and recreational marijuana: both are “essentially identical.”
“You will hear many testimonials on how medical marijuana saved people’s lives, but let me share something: my daughter found herself irreparably damaged by it,” Ismay testified.
“Promoting something as medicine with no adverse side effects and suggesting it’s harmless will tempt kids to try it, as happened with my daughter who tried ecstasy a while after. Unfortunately, that drug led her down an endless road of other harmful ones – an unpleasant spiral.” It’s horrible.
Other lawmakers and opposition witnesses argued it would be unacceptable for legislators to go against what the voters had decided in 2020 by invalidating medical cannabis legalization on ballot.
“Voters cast ballots on medical marijuana programs and I want to respect that decision,” Rep. Taylor Rehfeldt (R).
Should Ismay and others be dissatisfied with how cannabis access has been implemented across their states, she suggested they bring these concerns before an oversight committee that is charged with altering programs as necessary.
“While compromise may be possible and all parties involved can find common ground on certain matters,” Rehfeldt pointed out, this action “would go too far by eliminating an industry which has come into the state and worked tirelessly to provide access for patients. “
Liz Tiger from New Approach South Dakota shared with committee members how medical cannabis helps her treat systemic scleroderma.
“Living on opioids isn’t acceptable. Tylenol doesn’t agree with my body and my rheumatologist has advised against me using anti-inflammatories like Ibuprofen,” said she.
Tiger attributes her success with accessing effective products through medical cannabis programs to being protected from arrest – all enabling her to show up fully for her family, business and career as a community organizer. “I am not alone – 11,000 other patients depend on this program just like me!” she noted.
Terra Larson from South Dakota Defense Lawyers Association highlighted how lawmakers could repeal medical marijuana legislation, leaving people the option of alleviating their pain or becoming criminals.
She noted that those currently receiving legal care could face criminal charges as soon as their status changes to “patient”.
“When considering building a multimillion-dollar prison here in this state and accommodating additional felons or potential felons who may live here, we need to carefully consider where these people will go,” Larson advised. There has been much talk that when this prison opens it could hold 90 percent more prisoners compared to today and 11,000 new felons. Where will all this extra room come from?”
Moments later, Ismay countered by noting how marijuana reform supporters often claim it doesn’t form bad habits. “So then just stop smoking weed,” the Republican lawmaker suggested as his bill’s defense; you won’t face jail time this way either if its effects don’t lead to addiction.
Moments after rejecting Ismay’s repeal legislation, however, the committee approved another bill she presented that removes patients without registry identification cards from being able to raise legal defenses in court to avoid being found violating state marijuana laws.
That measure passed with an overwhelming 9 to 4 majority vote. South Dakotans approved of medical cannabis legislation with approximately 70% support, yet Ismay tried unsuccessfully as an individual citizen to reverse it by filing an initiative that sought placement on the 2024 ballot. Although his proposal received final review from state attorney general’s office and made final summary available online for public consumption – its fate ultimately did not qualify as eligible legislation.
Prior to the election, proponents of another ballot measure seeking to legalize adult-use cannabis use in South Dakota–rejected by voters last November–had called upon state officials to overrule Ismay’s initiative, contending that petitions supporting this medical cannabis repeal measure did not meet state requirements and thus needed to be stopped by state authorities.
Regarding adult-use legalization efforts in South Dakota, former Gov. Kristi Noem (R), recently confirmed to lead DHS under President Trump’s second administration, was among those opposed to adult-use legalization efforts in her home state. Last year she encouraged constituents not to support legalization measures which “won’t benefit our children or improve communities”. In an ad released at that time she encouraged voters against such reform initiatives by warning they won’t “improve our communities”.
“Nobody I know has ever become smarter by smoking marijuana,” stated former Governor Don Snell at that time.
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Noem attempted to secure passage of legislation that would postpone medical cannabis legalization by voters until 2021 after House approval; unfortunately, negotiators failed to reach an agreement between House and Senate conference sessions resulting in his defeat and theirs.
Noem’s office began exploring ways of reaching an acceptable compromise; one idea being floated by her administration included decriminalizing possession of up to one ounce of cannabis and restricting cultivation plants for patients at three. Furthermore, any person under 21 years would no longer qualify as eligible candidates for medical cannabis eligibility.
At the 2022 legislative session, the House rejected a legalization bill passed by the Senate; effectively leaving activists free to bring legalization back on to ballot.
An interim Marijuana Interim Study Committee led by legislative leaders was convened to study cannabis policy reform. On November 20, 2021, this panel recommended legalization by legislative action; one direct outcome of that recommendation is House-defeated legislation.
North Dakota Lawmakers Pass Bill To Decriminalize Marijuana Under Condition Of Low Level Possession Receiving $150 Citation
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