South Dakota’s new medical marijuana law could be scrapped and replaced with what’s being called a “compromise” that would legalize cannabis use for adults.
That’s the aim of draft legislation that will be considered Tuesday by a committee that spent the summer and fall studying “adult-use” marijuana policy.
“It’s about as close as we’re going to get to get something passed out of the committee,” said Rep. Hugh Bartels, a Watertown Republican and chairman of the Adult-Use Marijuana study committee.
Bartels’ bill, characterized as middle ground between the factions of the Legislature that oppose and support cannabis legalization, would overhaul cannabis policies on the books in South Dakota now and essentially repeal the state’s medical marijuana law that took effect July 1.
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Specifically, his proposal would legalize possession of up to 1 ounce of marijuana flower and up to 22 grams of marijuana concentrate like waxes, oils and edibles for recreational use by anyone 21 years of age or older. It would also make the Department of Revenue the primary regulatory agency over commercial cannabis ventures in South Dakota like cultivation facilities and retail dispensaries, and it would prohibit personal grow operations.
The idea behind repealing the medical marijuana law, Bartels said, is that legalized recreational marijuana lessens the necessity for a medical program. But to ensure youth with medical need for marijuana can still have access to it, the Department of Health would continue to be responsible for issuing medical cards to qualifying patients, under his proposal.
“You wouldn’t need a medical card if you’re over 21,” Bartels said, adding that smokeable forms of marijuana would be illegal for minors to possess or consume under his bill.
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It’s unclear if members of the committee, or a broader panel of lawmakers who’ve been studying general marijuana policy this summer, will support the proposal. Pro-cannabis lawmakers like Sen. Mike Rohl, R-Aberdeen, have reservations about banning private, in-home growing of marijuana given that a pair of ballot measures voters approved last year allowed for it.
And other committee members like Sen. Helene Duhamel, R-Rapid City, and Rep. Fred Deutsch, R-Florence, have been staunch opponents to loosening South Dakota’s recreational marijuana laws. Both have regularly voted against cannabis-related measures during last year’s legislative session, while Duhamel was also involved in the legal challenge to Amendment A, handling communication for one of the plaintiff’s in the case.
Duhamel did not return a call seeking comment for this article while Deutsch said he’s not yet sure where he stands on Bartels’ bill.
The marijuana lobby is non-committal, too.
Melissa Mentele, director of the campaign committee New Approach South Dakota that led efforts to get medical marijuana legalized through the ballot box, said her members were in the process of vetting the 53-page proposal Bartels unveiled Friday.
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What is clear, though, is that no matter the route legislative summer committees take into the next session, voters might get the final say. South Dakota for Better Marijuana Laws is in the process of gathering signatures to force a recreational marijuana measure back on the 2022 ballot. And those efforts won’t be affected by any recommendations that come out of the summer committees when they wrap up their work later this month, SDBML Director Matt Schweich said.
“I hope we can work with them, but there is no scenario in which we stop collecting signatures based on committee recommendations,” he said.
