ATTORNEY GENERAL EXPLANATION RELEASED FOR INITIATED MEASURE TO LEGALIZE MEDICAL MARIJUANA
PIERRE, S.D. – South Dakota Attorney General Jason Ravnsborg announced today an Attorney General Explanation for a proposed initiated measure has been filed with the Secretary of State. This explanation will appear on a petition that will be circulated by the sponsor of the initiated measure. If the sponsor obtains a sufficient number of signatures by November 2019, as certified by the Secretary of State, the initiated measure will be placed on the ballot for the November 2020 general election.
The measure is entitled “An initiated measure to legalize marijuana for medical use.”
Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota Constitutional Amendments. The Attorney General Explanation is not a statement either for or against the proposed initiated measure.
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INITIATED MEASURE ATTORNEY GENERAL’S STATEMENT
Title: An initiated measure to legalize marijuana for medical use.
Explanation: This measure legalizes medical use of marijuana by qualifying patients, including minors. “Medical use” includes the use, delivery, manufacture-and for State residents, cultivation-of marijuana and marijuana-based products to treat or alleviate debilitating medical conditions certified by the patients’ practitioners.
South Dakota patients must obtain a registration card from the State Department of Health. Non-residents may use out-of-state registration cards. Patients may designate caregivers to assist their use of marijuana; the caregivers must register with the Department.
Cardholders may possess 3 ounces of marijuana and additional amounts of marijuana products. Additionally, if a resident cardholder is allowed to grow marijuana plants the cardholder may possess a minimum of 3 plants, as well as marijuana and products made from those plants.
The measure legalizes marijuana testing, manufacturing, and cultivation facilities, as well as marijuana dispensaries. These establishments must register ·with the Department.
The measure legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law. The measure limits State and local law enforcement’s ability to assist Federal law enforcement authorities.
The 95-section measure contains numerous other provisions not described here. It will likely require judicial or legislative clarification.
Are these typos? “Cardholders may possess 3 ounces of marijuana and additional amounts of marijuana products.” So, there is essentially no limit to any product of marijuana? “…may possess a minimum of 3 plants, as well as marijuana and products made from those plants.” A “minimum of 3 plants,…” There is a lower limit to how much medical pot you are growing but no upper limit? This is insane. I would imagine if those coming up with these initiatives were not actually smoking incredible amounts of pot themselves; perhaps, these initiatives would actually make some legal and commonsense.
The initiative is poorly written as pointed out above. Additionally, how do employers deal with employees who come to work under the influence of marijuana, authorized under “doctors orders”? I’m sure some doctors would be willing to write prescriptions wiki though ever seeing the patient. This is all about $
Employers will deal with employees the same way they deal with those who come to work under the influence of alcohol, narcotics, benzodiazepines and antihistamines. If they can’t perform their job duties they will be given a stapler and reassigned to a desk in the basement.
How do employers deal with employees that take prescription drugs such as opioids? It’s all about money for big pharma who does not want pot legalized.
I don’t think you can blame the AG on this one…it is clear that he is accurate when you read the proposal and notes from LRC…it was just poorly written to begin with and he seems to be telegraphing that to us…
3 plants minimum, no maximums
95 sections
likely will need to be fixed by legislature or judiciary
I hate these ballot measures, why do we do this or can’t we require them to at least not use the product before they write these measures…
If the legislature took action on this issue these poorly drafted measures wouldn’t be necessary.
If you think the majority of South Dakotans *don’t* support medical marijuana you’re out of your mind. And dead wrong.
The legislature HAS taken action on this issue. That’s why it’s illegal.
Fred you’re old and out of touch with the how people feel on this issue. Time to head out to pasture.
No it is you who are out of touch anonymous 810
We don’t want this BS in our state it has been voted down twice and not enough signatures gathered the last 2 cycles also
Get the hint
Move to Colorado.
He could room with Port-air Lansing.
aka Moon Base Lansing
Yes Fred voting against the will of the people, just like they did with hemp. That’s why the people are taking action.
3 plants are barely enough for a chef salad.
Medical marijuana is just a path to get to recreational…if you believe anything else I have some oceanfront property in Arizona to sell you.
You’re right, because once people see that medical marijuana works (and it does, across well more than half of the 50 states) they will see that recreational legalization can work as well (as it does in about 10 of the states).
I don’t doubt that medical marijuana works. However this initiative is not about medical marijuana, it’s written to encourage and legalize recreational use.
PS why are you posting anonymously?
95 sections? That’s a nonstarter right there. How much crap can you hide in 95 sections? A potload!
Exactly!
Potload. Noice!
Anyone else look at the cost??? Holy cow! Go read the fiscal note from LRC..it says it will cost the state $677,309
That equals a big fat NO
The state needs to stay out of it. Government intrusion at it’s best.
NASD is just rolling out their same old recreational Initiated Measure disguised as Medical MJ again. It’s obvious they just want rec weed to get stoned. Medical? It opens the door. Once states fall the sham of rec the medical availability diminishes and those stores focus on rec sales.
Jeremiah “grudznick” Murphy can’t address me without using the name anonymous. Probably because he lobbies for the teachers union, booze dealers, and nurse’s groups. My position is and always has been that legal weed is wrong for SD. Y’all are a “human museum” and new things are foreign and scary. Look at how you hate ideas from fungible sources. Even good ideas are scorned. Let MN get legal weed and then you won’t have to drive to Canada to get your stash. All the state’s in the west have legal marijuana but only CO has the #1 economy in America. Leave my state alone to prosper in our high tech job market that’s getting all your best and brightest college grads.
Someone really is high and in Outer Space. Good name! It fits.
How about you leave my state alone.
Geez Mike…..how’s that prohibition working for you? lol
Who of those that oppose my favorite herb to smoke can I psychoanalyze today? Which German from Volga?
Of course, this initiative makes no distinction between CBD and THC. This is the classic bait and switch. They removed almost all of the CBD from pot through breeding over the last three decades while increasing THC concentrations from 4% to over 20%. This is basically what big tobacco did with nicotine concentrations in tobacco through breeding. And, pot advocates are surprised that people are having severe, adverse reactions to the new pot. This isn’t even the pot that was routinely smoked a decade ago, and we are to believe that we have a good grasp of chronic exposure to the markedly higher dosages of THC minus whatever moderating properties the CBD once had. And, we wonder why psychosis is now commonly associated with users. People burning themselves in hot water in a desperate attempt to stop their hacking pot smoker’s cough. No, smoking pot does not prevent lung cancer or emphysema anymore than smoking light cigarettes. And, no, the world is not out to get you, and no one is planning your early non-pot induced demise. That is the new THC talking, and you’re now psychotic. Congratulations.
Spencer,
60s thru the 80s weed had about 3% THC and that is what the average voters associate weed legalization to be these days unfortunately. That potency would not even sell these days. No one wants it with seeking greater highs. Flower or plant form is can be 30% THC and those that dab, concentrate, wax can be as high as 99% THC and these pot pushers have been pushing dabs as medical in some states. These high potencies are really putting users at a higher risk for all kinds of mental health issues especially our youth and their usage has gone up in legal states. Now they are discovering that the many claims by those pushing medical have turned out to be false. The Hemp and Marijuana plants are naturally soil scrubbers and absorb heavy metals and chemicals some being toxic. All that gets ingested or absorbed by the users. Then there is the issue of mold if grown indoors.
Growing indoors requires a massive amount of energy and water which these so called environmentalists overlook in their insatiable quest to get high. Toxic chemicals are often used too.
https://cannabisnow.com/30-thc-alert/
Government will never save people from themselves. If you have a psychotic reaction to pot, well then it probably isn’t a good idea to smoke it. People can think for themselves and if they won’t then I guess they will have to suffer the consequences. It’s like anything else…….education and moderation.