South Dakota Marijuana Legalization and Changes to Laws Initiative (2018)
| South Dakota Marijuana Legalization and Changes to Laws Initiative | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Marijuana | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The South Dakota Marijuana Legalization and Changes to Laws Initiative was not put on the ballot in South Dakota as an initiated state statute on November 6, 2018.
The measure would have legalized the possession, consumption, cultivation, processing, transportation, and purchase of marijuana for persons 21 years of age or older. The measure would also have allowed the possession of any quantity of marijuana. The measure would have prohibited a parent's marijuana possession from being considered in child custody cases. April 20 of each year would have been declared Cannabis Day, with no admission to enter state parks.[1]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | An initiated measure to legalize all quantities of marijuana and to make other changes to State law involving marijuana.[2] | ” |
Ballot summary
The ballot summary was as follows:[1]
| “ | This measure legalizes all quantities of marijuana possession and distribution under State law, as well as marijuana paraphernalia. People under 21 who possess or use marijuana are subject to restrictions. The measure removes certain references to marijuana from the statutes prohibiting driving and boating while intoxicated.
A parent's marijuana possession or use cannot be considered in child custody cases. With certain exceptions, marijuana possession, use, or distribution no longer disqualifies students from participating in extracurricular school activities. Nor does it prevent students from receiving State-funded college scholarships. The measure prohibits law enforcement and State agencies from keeping certain records involving a person's marijuana use or possession, and from enforcing federal marijuana laws. It significantly limits State asset forfeitures involving marijuana. It also limits the ability of a "locality" to regulate marijuana-related activity. The measure establishes April 20 as "Cannabis Day" and allows residents free admission to State parks on that day. This 41-section measure makes several other changes and additions to State law. Because it contains internal inconsistencies and may conflict with existing laws, judicial or legislative clarification may be necessary. A court may find provisions of the measure unconstitutional. Marijuana remains illegal under federal law.[2] |
” |
Full text
The full text of the measure is available here.
Path to the ballot
In South Dakota, supporters must send proposed initiatives to the South Dakota Legislative Research Council (LRC) for review. Proponents then send the proposal to the attorney general's office to have a ballot title and summary drafted. This information is forwarded to the secretary of state. Supporters can start signature collection as early as two years before the targeted election, and signatures must be submitted at least one year before the targeted election. Signature requirements in South Dakota are based on the total number of votes cast in the state's most recent gubernatorial election. A number of signatures equal to 5 percent of this total is necessary for qualifying initiatives for the 2018 ballot. Supporters needed to collect and submit at least 13,871 valid signatures by November 6, 2017, in order to qualify an initiative for the 2018 ballot. Since no signatures were submitted to the attorney general's office by the deadline, the measure was not put on the 2018 ballot.
The LRC received the proposed initiative on March 30, 2017, and issued comments.[3] The attorney general issued a ballot title and summary for the initiative on May 17, 2017.[1]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 South Dakota Secretary of State, "AG's Statement," May 17, 2017
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ South Dakota Secretary of State, "LRC Comments," March 30, 2017
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State of South Dakota Pierre (capital) |
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