Attorney General: Draft Explanation Released For Initiated Measure Submitted by Rapid City Man

Attorney General: Draft Explanation Released For Initiated Measure Submitted by Rapid City Man

PIERRE, S.D. – An explanation for a draft initiated measure, proposed by Emmett Reistroffer of Rapid City, that would legalize recreational marijuana and create dual-use licenses for medical marijuana dispensaries, has been submitted for public review by the South Dakota Attorney General’s Office.

Attorney General Marty Jackley takes no position on any such proposal for purposes of the ballot explanation. He has provided a fair and neutral explanation on the initiated measure to help assist the voters.

This proposed initiated measure would allow individuals 21 years old or older to possess, grow, sell, ingest, and distribute marijuana or marijuana paraphernalia. The initiated measure does not affect laws dealing with hemp.  The measure also authorizes the South Dakota Department of Health to issue dual-use licenses to medical marijuana dispensaries.  A dual-use license allows dispensaries to sell marijuana to persons 21 years or older.

The ballot explanation can be found here.

State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed Nov. 17, 2023 (Friday), and the deadline for comments on this explanation is Nov. 27, 2023 at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Dec. 7, 2023.

The initiated measure would require 17,509 valid petition signatures to qualify for the 2024 general election ballot.

To file written comments on a draft Attorney General’s explanation please use one of the following methods below. Copies of all received comments will be posted on this website.

Comments may be submitted via mail, or through hand delivery, to the Attorney General’s Office at:

Office of the Attorney GeneralBallot Comment1302 E. Hwy. 14, Suite 1Pierre, SD 57501

Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by Nov. 27, 2023.  The Attorney General’s Office will be closed Nov. 23-24 for the Thanksgiving Holiday. Comments that are mailed must be received by the Attorney General’s Office before the deadline expires to be accepted.

Comments may also be emailed to [email protected] by Nov. 27, 2023.  Comments should be clearly expressed in the body of the email. The Attorney General’s Office will not open attachments in an effort to prevent malware or other digital threats. Please include your name and contact information when submitting your comment. The title of the comment must be included in the subject line of the email.


45 thoughts on “Attorney General: Draft Explanation Released For Initiated Measure Submitted by Rapid City Man”

  1. We have to get a handle on this stuff.

    How much longer can we sustain our society with this poisonous and toxic stuff around every corner?

    Of course I mean prohibition of cannabis.

    I support this measure.

    $300+ for a card is not necessary.

    Treat the citizenry like adults, they will start behaving more that way.

    There is a switching cost when making swings like this (from treating people like children to treating them like adults).

    Bear that cost, and on the other side we’ll have more sanity, adult behavior, fewer traffic accidents, and way more fun (music, food, family, creativity, hard work).

    My chest warms thinking that someday unjustly marginalized family members, employees, and peer group members are allowed back into the fray even if the damage to these tyrannically marginalized people is not recompensed.

    1. John ,

      My assumption is you would not be hypocritical and support the legalization of all hard drugs as well, correct? You’d support the legalization of cocaine, meth, and fentanyl?

      Any comments on how that is going in Oregon? Have they become a much more prosperous State since passing such a measure? Would you say the average Oregon resident would agree that life has become “a whole lot more fun” since then?

      1. John Dale normally does not answer questions like this? They are too difficult and his posts fall flat when challenged.

      2. That is correct. I believe pure Libertarianism is a logical trap. If it were followed to its conclusion as a moral/economic philosophy everyone would have to stop breathing shared air (and other ramifications). Some reasonable limitations must exist on the enforcement of Liberty, a true legislative art form.

        Cannabis has been lumped in with these other harder drugs to create a government sponsored oligopoly on Timber (paper), fiber (ropes, clothing, other textiles), recreation, and medicine.

        For your consideration, I keep a laundry list of dubious motivations behind prohibition at the link (below).

        Also at that link, I have our second of two initiative proposals that were done as a home school lesson on SD law. I see some similarities between what is proposed by Rapid City Man and the CC4L initiative. We weren’t consulted on what Rapid City Man is doing, however we may have inspired the individual since CC4L and that website are widely known throughout SD.

        I believe there were some in SD who tried to turn my family into CPS because we did this initiative (I have only anecdotal evidence admittedly because we were too busy educating to spin up another full scale home school lesson on counter-surveillance and private investigations). I’m not sure if they were offended we were studying law (nyuk nyuk), or if they had it in their minds that we were giving our children cannabis (we were/are not). I also think the extra scrutiny on our family resulted in paradigm shifts among decision makers. These shifts and our home school curriculum, I believe, were directly responsible for the overwhelming support for medical (we were actively publishing information through other channels as well, including this one .. thank you Pat). Our home school shoved the Overton Window.

        Thanks for the good question and respectful tone.

        It’s been an interesting pedagogic journey!

        1. Appreciate the response, John. I’m happy to hear you believe there is some role for government/regulation in our society.

          I don’t think anyone can look to Oregon and suggest that has been a success. In fact, they will probably change that initiative back this next election.

          Let me say, I also don’t believe cannabis is going to be a cure all. There are some applications where it will work quite well. There are some individuals who will use it and function as they normally would. But there will be others who have a very different and sad story. Far from an easy decision.

        2. Good blogging, Mr. Dale. Even though grudznick knows the truth of the Demon Weed, it wouldn’t stop me from having another Gordo and tasty beverage at the Steerfish joint with you.

      3. Correlation does not imply causation

        How are the gun laws working at a state level of CA compared to say MO?

        California’s stands at 8.5 per 100,000
        Missouri stands at 18.9 per 100,000

        So does this mean gun laws work?

  2. prediction: ‘rapid city man’ will one day become south dakota media’s answer to the national news’ ‘florida man’ stories.

  3. Emmett must be really ahead of the game for 2026, because he’s missed the deadline for filing the form of his petition with the SOS. The deadline for petition signatures in SDCL 2-1-1.2 is the first Tuesday in May, bu the deadline in that same statute for filing a copy of the petition prior to circulation is still one year before the general election.

  4. The trouble with marijuana is it makes you stupid and hungry.
    There are already too many stupid people, as well as too many hungry people.
    It pains me to see young people doing all the same stupid shit I did over 50 years ago.


    1. Anne completely agree! It does not benefit society. It has the opposite effect.

      Those who think their most important thoughts and connections are accentuated by pot are those who resort to it, dissatisfied as they are with their thoughts and connections without pot.

      Get in touch with your dissatisfaction first and your pot life will become of secondary or better yet a non-consideration.

    2. It troubles me that someone who has clearly passed their peak in life think they can dictate how others live. 60+ year old tropes of lazy, hungry, stupid, etc. are probably truly believed by this boomer. Let’s ignore all the successful marijuana users in the world that have had to keep their use secret due to these same dying boomer notions.

      If you are retired, or over the age of 60, you shouldn’t be able to vote.

  5. There were some petitioners for Travis Ismay’s ballot measure today and they were busy getting signatures. I was pleasantly surprised!

    1. Considering that some people are dumb enough to think the earth is flat, no it really isn’t.

      1. Good for them! They may lack all the out of state money pouring in to turn South Dakota into another Oregon or Colorado with all the drug related problems but word of mouth is getting around.

        1. Seriously! Just ask Anne. Her husband’s sister’s cousin’s brother went there once and there were reefers everywhere.

    2. I saw a clipboard that was unmanned, hopefully those signatures get audited as hard as the pro-freedom petitions do.

      1. I’m sure you did bud. I thought your kind of delusional wanted the new SoS to audit and be thorough with everything? Or are just the things you like pro-freedom?

        1. My kind of “delusional” would prefer to keep government out of my life. Just because you have a delusion, does not mean I need to follow or agree with it. Worry about yourself, I am fine without someone like you trying to dictate my life. This concept was more of a foundational principle of the GOP before this MAGA BS took over.

  6. It is like the “ankle bracelet brigade” paid petitioners show up whenever marijuana is being pushed on the ballot. Asked several why they were wearing ankle bracelets and they replied they made lots of poor choices. I asked do you think this would be another poor choice? They responded um yeah but the money is good getting these petitions signed.

    1. I’ll take things that never happened for $800.

      However, this fantasy is exactly what the SD GOP (new MAGA version) wants. 70%+ of the population supports medical marijuana, and the 30% against it wants the 70% in prison as criminals. This is how we fill the new prison!

      1. We encountered the “ankle bracelet brigade” pot petitioners too. After we signed the petition to make it illegal again we called up friends and co-workers and encouraged them to bring their kids along to see the pot petitioners wearing ankle bracelets. Great walking and talking examples of why we don’t need pot shops everywhere in South Dakota and provided great lessons for kids. They are real life in person advertisements for us! Pot wrecks lives and communities.

        1. Sounds more like prohibition wrecks lives and communities….

          That would be a deep lesson for “kids”, but keep teaching your kids all these fallacies, it will be much easier for my kids to succeed since they learn facts and logic.

          1. If you feel confident in making your case then I suggest you and other pot smokers go ahead and sign the petition to ban legal sales in South Dakota. Make the case and let the voters decide.

            1. The voters have already decided, how many times must we vote before you just accept that you don’t get to control everyone else’s lives?

  7. simple fact – the workplace itself doesn’t support this whole social path. i don’t see surprise workplace random drug testing going away, and in a zero tolerance workplace, one test failure and you are instantly jobless. done. we need to strengthen society in terms of better initial personal choices, and rehab away from continuing to use.

    1. Actually, many manufacturers are going to go to mandatory regular testing PLUS random testing. An accident because a worker is impaired isn’t just expensive, it is deadly. Annual cost will be roughly equal to the annual Christmas party or another employee but less than long-term costs of quality, workers comp., or risk to health of employees.

      At least with alcohol, you can identify one has used by smell. With most hard drugs, impairment is easy to discern. But, with dope, the signals are less easy to discern.

      1. And many office/desk jobs don’t test anymore. 20 years ago I was tested to do computer phone support. These days there wouldn’t be many IT workers or developers if white collar jobs tested for “dope”. Companies know this.

        1. I don’t think an impaired phone support person can kill themselves or others while on the job. Truck drivers and manufacturing employees can.

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