South Dakota Governor's Mixed Messages As Senate Advances Marijuana Legalization Bill

This week, the South Dakota Senate passed bills to legalize and tax marijuana as well as provide for the expungement of low-level cannabis offenses.

Now, signals coming from Gov. Kristi Noem (R) suggest that she could veto the bill when/if the legislature delivers it to her desk, Marijuana Moment reported.

Moreover, she expressed skepticism regarding the voters' support for the reform, even though they already approved a legalization ballot measure in 2020, which the state Supreme Court later canceled following a challenge from Noem’s administration.

The governor’s response as to whether she’d veto the measure was quite confusing: “it’s hard to talk in hypotheticals,” she said, adding that she’s not in favor of recreational marijuana.

“I still believe I haven’t seen anybody get smarter from smoking dope,” Noem said, yet adding that she has “supported medical marijuana for years.”

However, Matthew Schweich, director of South Dakotans for Better Marijuana Laws, noted that the most important takeaway from the governor's press conference was what she didn’t say.

“She did not say that she would veto an adult-use cannabis legalization bill,” Schweich told Marijuana Moment. “That is an encouraging sign that she is starting to listen to her constituents on this issue.”

Nevertheless, a veto for adult-use legalization is a possibility, even though Noem apparently recognizes the popularity of medical marijuana.

What Do South Dakotans Want?

Noem also avoided a clear answer on how activists would be willing to drop the broader legalization ballot initiative if legalization was enacted legislatively.

“I would say, based on that statement, they must have polling that tells them the people of South Dakota don’t necessarily support recreational marijuana,” the governor said, even though voters have already shown support for adult-use legalization. “I understand their offer, but it’s not something I would take them up on.”

Schweich called Noem’s suggestions that activists’ campaign is willing to compromise due to negative polling “false.”

“We remain very confident that we can win for a second time at the ballot box in November if necessary. The only marijuana poll that Governor Noem should be concerned with is the poll from December showing that less than 40 percent of South Dakota voters approve of her handling of cannabis policy,” he continued.

“We are willing to compromise because we want South Dakota to start realizing the benefits of legalization sooner rather than later,” Schweich said. “We want to end unjust arrests, generate tax revenue, create jobs, and redirect law enforcement resources to real crime. We want to restore the will of the people and do what’s best for South Dakota.”

What’s In The Bill

Once enacted into law, the bill (SB 3) would allow adults 21 and older to purchase and possess up to one ounce of cannabis from licensed retailers.

The proposal would not permit home cultivation that was on a ballot measure for which activists have been collecting signatures.

Under the new proposal, the state’s adult-use program would be regulated by the state Department of Revenue, which will also put rules related to issues such as transportation and registration into effect.

Local municipalities would be able to opt out of allowing cannabis businesses within their jurisdiction.

In addition, those with a past felony conviction would not be allowed to hold a cannabis business license.

Photo: Courtesy of Jeff W on Unsplash