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South Dakota Recreational Marijuana and Paraphernalia Legalization Initiative (2020)

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South Dakota Initiated Measure 27
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Election date
November 3, 2020
Topic
Marijuana
Status
Not on the ballot
Type
State statute
Origin
Citizens


The South Dakota Initiated Measure 27 was not on the ballot in South Dakota as an initiated state statute on November 3, 2020.

The measure would have legalized marijuana in South Dakota.[1]

Two different initiatives concerning marijuana were certified for the 2020 ballot: one was designed to legalize the recreational use of marijuana and the other was designed to establish a medical marijuana program in South Dakota.

Text of measure

Ballot title

The ballot title for this measure would have been as follows:[1]

An initiated measure to legalize marijuana and paraphernalia for certain people, and to make other changes to State law regarding marijuana.

[2]

Ballot summary

The ballot explanation for this measure would have been as follows:[1]

This measure may allow anyone over age 21 to possess, grow, sell, and distribute marijuana or marijuana paraphernalia.

It prohibits State enforcement of any law, including federal law, regarding marijuana or paraphernalia, except as provided in the measure. It forbids prosecutions for driving under the influence of ingested marijuana. It prohibits law enforcement and agents of the State from keeping records regarding use or possession of marijuana or paraphernalia.

Individuals under 21 working in the agricultural industry may handle marijuana. Individuals under 21 may possess and ingest marijuana with a doctor's recommendation. No one may distribute marijuana to a person under 21 unless that person has a doctor's recommendation. Violations may result in community service or a fine.

"Localities" cannot tax marijuana or paraphernalia use, nor regulate the consumption of marijuana, the location of marijuana-related businesses, or the cultivation, production, distribution, or sale of marijuana or paraphernalia.

The State cannot infringe a person's right to keep and bear arms for possessing marijuana or paraphernalia. A parent's marijuana or paraphernalia use or possession cannot be used against the parent in a child custody case. Judicial or legislative clarification of this measure will likely be necessary. Marijuana remains illegal under federal law.[2]

Full text

The full text of the measure is as follows:[1]

Section 13. That the code be amended by adding a NEW SECTION to read:

Any revenue generated from licensure fees under this Act in excess of the amount required to implement the provisions of this Act shall be awarded by grant to South Dakota small farmers. The grants shall be awarded to support early-stage, high-risk local agriculture new venture, and research and development. The grants may only be awarded to proof of concept projects that are already completed, using a ratio of investment-level-to-value of the expressed entrepreneurial idea as a key criterion for the award. The secretary of agriculture shall promulgate by rule pursuant to chapter I-26 the criteria for grant under this section.

Section 14. That the be amended by adding a NEW SECTION to read:

No court may determine parental suitability based on the parent's use or possession of cannabis or cannabis implements when deciding a child custody case under chapter 25-4a.

Section 15. That the code be amended by adding a NEW SECTION to read:

No locality may pass any ordinance that restricts or provides for the location of operation of a cannabis-related business. No locality may tax or pass any ordinance governing the use or consumption of cannabis or cannabis implements. No locality may enact any zoning requirement that is discriminatory to a cannabis-related business. A locality may require a standard business license to conduct cannabis or cannabis implements sales within the locality. No locality may ban home cultivation or any other cultivation of cannabis or the lawful production, distribution, and sale of cannabis cannabis

Section 16. That the code be amended by adding a NEW SECTION to read:

Nothing in this Act grants the right of an employee to use cannabis while at a workplace, nor limits the right of employers to enact workplace policies that restrict or prohibit the use of cannabis in the workplace. Nothing in this Act prohibits a landowner from restricting or prohibiting the use of cannabis on the landowner's private property.

Section 17. That the code be amended by adding a NEW SECTION to read:

No law enforcement agency in the state nor any agent of the state may enforce any law regarding cannabis or cannabis implements other than as provided in this Act.

Section 18. That the code be amended by adding a NEW SECTION to read:

Any person over age twenty-one may possess, grow, sell, and distribute cannabis and cannabis implements in accordance with the provisions of this Act.

Path to the ballot

See also: Laws governing the initiative process in South Dakota

The state process

In South Dakota, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted by the first Tuesday of May during a general election year.

The requirements to get an initiated state statute certified for the 2020 ballot:

Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method.

Details about this initiative

  • The initiative was approved to circulate on March 5, 2019.[3]
  • Proponents did not submit the required number of valid signatures by the deadline, therefore the initiative did not qualify for the 2020 ballot.

See also

External links

Footnotes