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South Dakota Medical Marijuana Initiative (2018)
| South Dakota Medical Marijuana Initiative | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Marijuana | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The South Dakota Medical Marijuana Initiative was not on the ballot in South Dakota as an initiated state statute on November 6, 2018.
The measure would have legalized marijuana for medical purposes. Patients would have been able to receive medical marijuana for certain debilitating medical conditions under the measure. The South Dakota Department of Health would have been responsible for regulating medical marijuana if the initiative had reached the ballot and passed.[1]
On April 16, 2018, the secretary of state announced that not enough of the signatures submitted for this initiative were valid and that it had failed to qualify for the ballot.
Supporters had submitted approximately 15,000 signatures on November 6, 2017, which was the signature submission deadline. At least 13,871 of those signatures needed to be valid in order for the measure to qualify for the 2018 ballot.[2]
Initiative design
The initiative was designed to legalize marijuana for medical purposes. Patients would have been able to receive medical marijuana for certain debilitating medical conditions. Debilitating medical conditions would have included the following:[1]
- Cancer
- Glaucoma
- HIV
- Endometriosis
- Reflex sympathetic dystrophy
- Epilepsy
- AIDS
- Hepatitis C
- Amyotrophic lateral sclerosis
- Crohn's disease
- Irritable Bowel Syndrome
- Ulcerative colitis
- Agitation of Alzheimer's disease
- Post-traumatic stress disorder
A chronic or medical condition that produces any of the following symptoms would also have been considered a debilitating medical condition:
- Cachexia or wasting syndrome
- Severe debilitating pain
- Severe nausea
- Seizures or severe and persistent muscle spasms including those characteristics of multiple sclerosis
Additionally, any resident of South Dakota would have been able to petition the department of health to add a serious medical condition or treatment to the list of qualifying medical conditions. The department would have been required to approve or deny a petition within 180 days.[1]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | An initiated measure to legalize marijuana for medical use.[3] | ” |
Ballot summary
The ballot summary was as follows:[1]
| “ | This 95-section measure legalizes medical use of marijuana by qualifying patients, including minors. No person or entity may be penalized, or denied any right or privilege, for conduct that is lawful under the measure.
Qualifying patients must be certified by a practitioner as having a debilitating medical condition. South Dakota patients must obtain a registration card from the State Department of Health ("Department"). Nonresident patients are permitted to use their registration cards from other jurisdictions. Qualifying patients may designate caregivers to assist with their use of marijuana. A designated caregiver must obtain a registration card from the Department for each qualifying patient. Allowable amounts of marijuana include three ounces of marijuana, a minimum (not maximum) of six marijuana plants if cultivation is permitted for that cardholder, and quantities of other marijuana products as determined by the Department. The measure legalizes marijuana testing, manufacturing, and cultivation facilities, as well as dispensaries where marijuana may be acquired by cardholders. These establishments must register with the Department. Schools and landlords cannot penalize, or refuse to enroll or lease, based solely on a person's cardholder status, absent federal law to the contrary. Marijuana possession, use, cultivation and distribution remain illegal under Federal law.[3] |
” |
Full text
The full text of the measure is available here.
Sponsors
New Approach South Dakota led the campaign in support of the measure.[4]
Opposition
Ballotpedia did not identify any committees, organizations, or individuals opposing the ballot initiative. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
| Total campaign contributions: | |
| Support: | $85,070.89 |
| Opposition: | $0.00 |
As of April 16, 2018, there was one ballot measure committee, New Approach South Dakota-Medical Cannabis, registered in support of the measure. The committee reported $85,070.89 in contributions, including cash donations and in-kind goods and services.[5][6]
Support
The contribution and expenditure totals for the committee in support of the initiative were current as of April 16, 2018.[5]
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Background
Developments in federal marijuana policy
- See also: Federal policy on marijuana, 2017-2018
Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[7][8]
Medical marijuana in South Dakota
- See also: Marijuana on the ballot
As of January 2018, medical and recreational use of marijuana was illegal in South Dakota. Possession of marijuana could result in legal penalties including fines and jail time. Possession of drug paraphernalia could also result in fines and up to thirty days in jail.[9]
In 2006, South Dakota voters defeated an initiative that would have would have allowed individuals with a debilitating medical condition, including minors with parental consent, to be certified to grow up to six marijuana plants, possess up to one ounce and use small amounts of marijuana for medical purposes. 52.30 percent of voters voted to defeat the measure, while 47.70 percent voted to approve it.[10]
In 2010, another initiative that would have legalized the possession, use, distribution and cultivation of marijuana by persons registered with the South Dakota Department of Health was defeated. The measure would have required certification from a physician indicating that a registrant had a debilitating medical condition that could be aided by the use of marijuana. 63.31 percent of voters voted to defeat the measure, while 36.69 percent voted to approve it.[11]
In 2016, an initiative that would have legalized medical marijuana in South Dakota was proposed but failed to make the ballot. Proponents of the measure reported submitting 16,543 signatures, more than the 13,870 valid signatures needed to make the ballot. However, about half of the submitted signatures were deemed invalid and the measure was not put on the ballot. Proponents of the initiative filed a lawsuit against South Dakota Secretary of State Shantel Krebs, saying that the signatures that were thrown out were never proven to be illegitimate. A South Dakota Circuit Court judge rejected the lawsuit.[12][13][14]
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.
The LRC received the proposed initiative on December 19, 2016, and issued comments.[15] Following the LRC's review, proponents provided a second draft of the initiative on January 27, 2017.[16] The attorney general issued a ballot title and summary for the initiative on March 27, 2017.[1]
On November 6, 2017, supporters submitted approximately 15,000 signatures. At least 13,871 of those signatures must be valid in order for the measure to qualify for the 2018 ballot. On April 16, 2018, the secretary of state announced that not enough of the signatures submitted for this initiative were valid and that it had failed to qualify for the ballot. The initiative fell short of the signature requirement by 4,401 valid signatures.[2][17]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 South Dakota Secretary of State, "AG's Statement," March 27, 2017
- ↑ 2.0 2.1 US News, "Voters May See Cannabis, Tobacco Tax on South Dakota Ballot," November 6, 2017
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ New Approach South Dakota, "Homepage," accessed December 28, 2017
- ↑ 5.0 5.1 South Dakota Secretary of State, "New Approach South Dakota-Medical Cannabis," accessed December 27, 2017
- ↑ South Dakota Secretary of State, "Campaign Finance Reporting System," accessed December 27, 2017
- ↑ Forbes, "Sessions: Obama Marijuana Policy Remains In Effect," November 14, 2017
- ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
- ↑ Marijuana Policy Project, "South Dakota," accessed January 3, 2018
- ↑ South Dakota Political Almanac, "South Dakota Constitutional Amendments, Initiatives and Referendums 1970-2010," accessed January 3, 2018
- ↑ South Dakota Political Almanac, "South Dakota Constitutional Amendments, Initiatives and Referendums 1970-2010," accessed August 28, 2014
- ↑ Rapid City Journal, "Medical marijuana won't make state ballot," February 4, 2016
- ↑ SDPB Radio, "Court Rejects MMJ Initiated Measure, Group Vows 2018 Return," August 9, 2016
- ↑ Argus Leader, "Medical marijuana backers sue secretary of state," August 2, 2016
- ↑ South Dakota Secretary of State, "Legislative Research Council Comments," December 19, 2017
- ↑ South Dakota Secretary of State, "Sponsor Draft #2," January 27, 2017
- ↑ South Dakota Secretary of State, "Potential 2018 Ballot Questions," accessed April 16, 2018
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