One 2018 pot-legalization ballot measure is not like the other? No, they’re both awful.

This week KSFY News had a story about how the backers of one pro-pot legalization measure was not happy with the other pro-pot legalization measure being prepared for the ballot.  And they’re mad at the Attorney General too:

“Signer beware” is the message from a pro-pot organization in South Dakota that’s hoping to bring the issue of marijuana legalization to the ballot next year. New Approach South Dakota isn’t talking about the two petitions they have circulating to legalize marijuana for medical and recreational purposes – they’re talking about a separate effort that would accomplish the same thing, but with some major differences.

According to the Attorney General’s explanation, differences like a lot less tax revenue for the state and a whole lot less regulation of the drug, but New Approach isn’t happy about their AG explanation.

Read that here.

New Approach,” the group fronted by former Democrat District 19 House candidate Melissa Mentele is complaining about the pot legalization measure from the John Dale and his group “Cannabis Consumers for Liberty (CC4L)” competing against her own, bemoaning it’s “less tax revenue for the state and a whole lot less regulation of the drug.

I’m forced to ask the obvious: “Is she kidding?”  Both are about legalizing drugs.

I’m not going to get into the weeds on which pot legalization measure is the worse measure, the CC4L measure which mandates April 20th as “pot day” at South Dakota State Parks, or the New Approach measure which mandates that all non-violent pot sentences be re-worked:

I did ask Attorney General Marty Jackley for his thoughts:

As Attorney General, it is my position that the legalization of marijuana creates significant public health and safety concerns.   If research determines there is a medical value in marijuana or its derivatives, it should be prescribed by a physician and dispensed by a pharmacist just like any controlled substance.

My office is required to prepare a fair and concise explanation for proposed ballot measures and to defend such measures if passed and challenged in court, whether I agree with them or not.  In the proposed marijuana measure that includes reviewing previous criminal convictions, I have set forth “Because its full scope and effect are unclear, judicial or legislative clarification will be necessary.  A court may find provisions of the measure unconstitutional.”  I would point out that Article IV, Section 3 of our State Constitution vests the authority and discretion for criminal sentence commutations with the Governor.

There is currently a national drug epidemic that is also affecting South Dakota, rather than weakening our State laws, I encourage us to focus our efforts and resources on strong enforcement against drug traffickers and prevention efforts especially for our youth such as “No Meth Ever” and the anonymous texting “Standup Project.”

Whether it is the CC4L measure promoting a state park recognized Pot Day, or the pot related get-out-of-jail free cards New Approach wants, both measures are so phenomenally awful, that forget any impending campaigns, anyone who signs the petitions to put them on the ballot should be questioned for not having the sense that God gave them.

When it comes to both pot and pot petitions, the best course of action is to “Just Say No.”

75 thoughts on “One 2018 pot-legalization ballot measure is not like the other? No, they’re both awful.”

  1. The hard left state Democrats are pushing both of these. New Approach which want to push South Dakotans a new drug and an easy out suicide lifestyle claim the vast amount of revenue will go to education and solve all of our fiscal issues. All Pie in the sky! If this crap passes the vast majority of money will end up going towards more social costs. Employers and rental property owners will not like this at all.

    Even in Minnesota DFL Governor Dayton will veto any attempt to legalize for recreational abuse and thankfully the MNGOP controlled legislature will not even give it a hearing.

  2. The legislature needs to raise the requirements for all these ballot measures.

    VOTE NO ON EVERYTHING!

    1. It has been in the news that employers are having a hard time finding employees that can pass a drug test. Colorado obviously is far worse. Then you have a multiple failed SDDP candidate who does not have a real job calling to eliminate drug tests since it is unfair. He and his drug culture supporters have no clue and are in lala land.

    2. This is a huge part of the problem. because it is so easy to get things on the ballot, South Dakota has become a social, economic and political petri dish for groups like Represent.us and Cannabis Consumers for Liberty to test out new ideas.

      however there should be a balance. How do we stop outside groups from exploiting our system, yet keep it open enough to allow the citizens bring their own ideas to the ballot?

      1. Maybe require that they come to the legislature first and so a lot of the ideas can be vetted at least , so even if the legislature votes it down they will have a better bill…you can take testimony and develop some facts…just an idea

    3. Raise the number of signatures needed for any measure to get on the ballot. Have each legislative district or county required to have a certain number of signatures from their county/district and ensure that these signatures are actually gathered in said county/district. This would stop anyone from setting up a booth at the state or county fairs or just getting signatures in Sioux Falls for instance. Require that anyone signing such a petition be given an explanation first of who is sponsoring this, who is paying for it, where the money is coming from, and a simple but comprehensive and honest explanation of what this would do, what it would cost the state, etc; this would have to be in written form and given to any person signing a petition, and they would have to first sign this explanation saying that they understood it. If an idea is truly good, people should be willing to sign and get it on the ballot; if it is questionable, maybe it would be harder. And do not allow people to be paid to gather signatures; if the bill is great, people will be willing to work to get it on the ballot without being paid. Just a few ideas. Look at other states and how they work in regard to this issue; why are we so lax and such a target? Then, FIX IT!!

    4. Raise requirements for ballot measures? Some folks like majority rule only when their side is winning. Remember….legislators are chosen by majority vote too.

  3. The majority of Americans are now in favor of legalization, and the number continues to grow. It would not surprise me if the majority of South Dakotans are now in favor. Cows kill more people in South Dakota than pot does.

    The question is how far our legislature and other elected officials will go in an effort to once again stymie the will of people (see IM22). At some point the people just might get sick of this BS.

    1. I for one am not in favor, and if it comes up, I will vote no. How many more ways do people need to get stupid?

      I would consider medical use if it is closely-very closely-regulated, but a bunch more people escaping reality because they deem life as unfair-no thanks!

    2. Were you smoking DOPE when you wrote this post? IM 22 was UNCONSTITUTIONAL

      marijuana is extremely dangerous there are studies galore.

      Pot has more harmful effects than tobacco, how about all those pot smokers getting behind the wheel…never heard of a cow killing anyone….

    3. The will of the people?? How many times have the people of South Dakota voted against legalization of marijuana?? Do not talk about the will of the people.

      1. “How many times have the people of South Dakota voted against legalization of marijuana?? ”

        The pro pot smokers predictably cannot remember that far back.

      2. Pretty sure we’ll get to vote No twice this year, will that make you happy. Your Dope Deal’s going down big

  4. “Cows kill more people in South Dakota than pot does. ” instead of not being impaired by toking you could read the police reports and see what is common in crimes committed, driving accidents and deaths in which their judgment and reaction time was impaired by pot. Even my Catholic priest who is fairly progressive and has much experience in being a prison chaplain and the county jail chaplain does not think legalizing pot is a good idea. Those inmates confided many of their problems started with what is pushed as being harmless.

  5. Cows have killed more people than pot and ISIS combined. Dare someone to prove me wrong.

    1. I am not sure about cows killing more people than pot. But ATV’s, motorcycles and sex can do serious damage. I am sure of it.

      There ought to be a law.

    2. I suppose your reasoning is the one popular among the far left libs, that it is cow farts that release methane into the atmosphere and cause global warming and thus death of civilization????

  6. I’d like to see the facts. How many people die each year as a result of marijuana use compared to cigarettes and alcohol?

    I have read that 500,000 die from cigarettes a year in the US. About 100,000 alcohol related deaths. Probably near zero from marijuana use directly but I honestly do not know about indirect deaths.

    If cigarettes really are the cause of more death by multiples of a hundred or a thousand, maybe some people are focused on the wrong problem.

    1. irrelevant comparison…we are talking about cows here darn it! 🙂 The pot smokers brought it up no changing the subject.

      1. If years of reading Far Side has taught me anything, its the cows are not what they seem.

  7. Sometime people fail to reach a proper cook temp on their beef and allow a stray E-coli to enter their system. I’ve heard people sometimes drink raw milk. My neighbor once hit one on road and totaled his car. Cows are a menace!

  8. Would a study by the Obama Administration be a good enough source for you pot smokers?

    1. Can’t they find a better use of their time? The chronic pot smokers teeth are so bad with gum disease and their breath is terrible! My friends Bob and Lar are sportin new shiny white dentures now.

  9. A lot of people with false arguments that pot does not kill on here…clearly it is killing a lot of brain cells on here.

    1. Hmm. Just claiming something is “false” really doesn’t prove much of anything.

      1. well making arguments that are misleading doesn’t prove anything either…

        you never address if pot is harmful you BLUR the lines and doa slight of hand while not addressing the fact that marijuana is harmful

        1. OK. Claiming someone is “misleading” or “blurs the lines” or uses “slight of hand” isn’t any better. It’s not proving anything or getting to the truth. And I doubt we’re going to get there, are we?

          1. Jimmy we have seen truth first hand. Employees, family members and friends that cannot seem to function or cope in life without getting or staying high. There are enough problems with chemical dependency and we do not need more by legalizing another intoxicant.

            1. I would never argue that marijuana can’t be abused. My question is one of priority. If cigarettes and alcohol are much more dangerous, by objective measures, then why are you focused on this? Why do you not try to ban them if criminalization is the answer?

  10. Sometimes good fathers who love to BBQ, serve their children undercooked meat and a child dies (maybe he had too many beers). Sometimes good fathers who use pot are careless and a child eats a pot-brownie, but at least the child lives. This is absurd.

  11. Jimmy James,

    Depends on how you analyze it, there is a question of what is worst between MJ, alcohol, and tobacco. What isn’t a question is just because we don’t have the will to take away alcohol or tobacco isn’t a logical argument for allowing MJ use. In fact, it is more logical to not approve it (won’t ever be taken away if allowed).

    1. I don’t think it is desirable to ban alcohol either. I rather like a drink now and then and I think I am being consistent. Purely selfish motive.

      I believe that we also have to consider that many millions of people are already using marijuana and will continue to do so. Is it really necessary to pursue legal action against them when the harm is apparently greater when it comes to perfectly legal items like cigarettes which are known to cause death by the hundreds of thousands a year.

      And another health issue. I am concerned about people consuming marijuana produced on the black market. I am sure some folks don’t have sympathy in this regard but its still a health concern that is valid.

    1. The state of Colorado where Marijuana had been legalized for recreational use for a number of years had denied it for PTSD for medical 4 times questioning it’s effectiveness. Their concern was masking the PTSD and enabling chemical dependency rather than effectively dealing with the PTSD but they eventually were pressured by special interests even though those doubts and concerns remain.

  12. I am extremely disappointed that Marty Jackley is in favor of medical marijuana or at least open to considering it. I thought that he was smart enough to recognize medical marijuana as the canard that it is. All, yes every single one, of the medical benefits of marijuana can be gained from other, less addictive drugs.

    1. You did not read his statement very well. He stated “If research determines there is a medical value in marijuana or its derivatives, it should be prescribed by a physician and dispensed by a pharmacist just like any controlled substance.” What that means is that it would have to be completely regulated by the FDA, prescribed by a doctor and dispensed by a pharmacist. Just like a boner pill, a cancer treatment, or diabetic’s insulin.
      He is not for legalization of marijuana, he is for treating it exactly like every other controlled substance. If it is scientifically found to have a benefit, than it should be regulated and dispensed like EVERY other prescription drug.
      Are you against prescription drugs? Do you think that people should not be able to get a prescription for Nexium when you can get heartburn relief from Rolaids? I would doubt it. So again, should the FDA approve it, a doctor prescribes it, and a pharmacist dispenses it, like EVERY OTHER prescription drug, then it is not a matter of for/against, it is a matter of following the law as both state and federal authorities have deemed it proper.

      1. Seems like Jackley is being more a of politician for Governor than an AG

        He is for it ….insert long winded explanation of why he is not…keeps everyone happy or no one.

  13. They will be toking it up over at Heidelberger’s stoner blog with Jackley and the state losing their case against Hagen.

  14. I am quite concerned about the one that makes owning fewer than 6 plants a misdemeanor, as I have enough trouble keeping geraniums alive. It’s pretty funny that the one that wants to make medical marijuana legal omitted a requirement for a physician’s prescription,
    As for April 20 being pot day with free admission to all the state parks, will we let the stoned campers die in a blizzard or will they have to be rescued? And how much is that going to cost?
    The proposal that marijuana use can’t be considered as a factor by law enforcement when investigating car crashes, or that parental marijuana use can’t be considered in child custody cases is about as lame as it gets.

    people who smoke pot shouldn’t write legislation.

  15. In reviewing the actual ballot measures they do seem very poorly written. I wish they had to be cleaned up before presented to the public.

    So we all have to own marijuana plants if this passes…that is plain crazy and clearly can’t be constitutional….How do you defend that pro-marijuana people? or do you acknowledge that is an error?

    1. These poorly written unrealistic ballot measures show how long term use of Marijuana and how it negatively affects cognitive abilities and virtually dumbs down society. This will affect our global competitiveness in a bad way. What a drain on society.

  16. Admittedly, I have not read the actual ballot measures. And there very well mihjtnbenthings in them that should be changed. However, you can find statistics to support whatever your argument is. When you can find a truth for everything, there is no more truth. Which is what has happened with the marijuana debate. No matter what your opinion, a quick google search will provide research backing you up. So, what really matters then? It all comes down to public perception. And while it’s obvious many people on here are still under the “reefer madness” train of thought, the public perception of marijuana is drastically changing. Will these ballot measures pass next fall? There’s little no way recreational will, but, it’s a hard argument that there is no medical benefit to marijuana. That one has a chance. The great part about a democracy is that everyone gets a vote. Even if you don’t like what’s next to the bubble they fill in.

  17. February Quinnipiac poll: 93 percent in favor of medical marijuana; 71 percent would oppose a federal crackdown on legal marijuana. 59% support legalization nationwide.

    Other polls such as Gallup have similar results at about 60% favoring legalization. I would think that would put South Dakota support at about the 50% level. I certainly wouldn’t assume that these measures cannot pass.

    Some of you talk like supporting legalization is a fringe view. These numbers suggest that it is not. That support has been growing steadily for years and is likely to continue.

    Liberty may be making a comeback.

    1. Even 42% of Republicans nationwide support marijuana legalization in the Gallup poll. Soon to be a majority.

      Don’t Tread on Me.

      1. Jimmy would you advocate we turn the US into Portugal? Legalize all drugs? The Netherlands is already starting to reverse their policy on drugs seeing the negative impact. Portugal is not the US with it’s drug culture some of which have a hobby of finding new ways to get high.

        1. No. Millions of Americans have used pot for many decades and I doubt that it can be shown to be more harmful than drinking. But even if it’s comparable, would we fill up the prisons with people who drink? Hope not.

          Of course you can argue that marijuana would be dangerous if driving under it’s influence but that will always be illegal anyway. Otherwise, deaths from marijuana consumption appear to be far fewer than those caused by drinking, cigarettes and many other drugs.

        2. How does the FDA approve drugs for over the counter use? Based on their safety. My point is the same. Marijuana is not totally safe but compared to drinking or other substances it is comparable and may even be less risky.

          Is it FDA level safe? Nope, probably not. But is drinking? Smoking? Lets stop tearing people away from their families, imprisoning them and/or fining them for doing virtually the same thing as the rest of us.

          1. Jimmy you know that after weed is legalized they will be asking for full legalization of all drugs.

            1. Yes, some will do just that. Not me. But there will always be a slippery slope argument to just about any issue.

              The reverse can be said. Maybe they will try to prohibit alcohol again. And to that I say… Jesus drank and, by God, I will too.

          2. The pro-drug proponents will claim it is their civil liberty to do what they wish with their bodies in regards to drug use.

            1. I have never really understood why this issue upsets some folks. I can go to the cupboard and grab my favorite 80 proof libation and get totally and completely wasted. Every night. The law can do nothing.

              But not so marijuana. What’s the deal?

              1. It has no safeguards…at least your 80 proof has some standards of safety vs. Marijuana can be laced with other drugs unknown to you.

          3. Jimmy the only ones I have observed in court that are being incarcerated are the drug dealers, those who get into trouble for other things which were impaired by Marijuana or a habitual offense for marijuana use and was required to attend chemical dependency treatment. This claim of throwing people in jail for smoking a joint is not true and they are playing the victim card.

            1. OK. Then legalization eliminates the marijuana drug dealers and their sentences. And, if you are right, has minimal impact on pot consumers. Win win.

            2. I have to completely disagree with you on that. I am in court on a regular basis dealing with drug offenses. In our circuit, any felony drug possession, which is two ounces or more of marijuana, almost automatically gets 30 days in county jail. Even if the defendant is receiving the possibility of a suspended imposition, still 30 days in county. Is two ounces a lot of pot, sure is. does possessing it automatically make you a drug dealer. no way shape or form. I personally know several people who are battling cancer (or have since lost the battle) that have more than a few ounces in their freezer. Shockingly enough, doctors are already telling cancer patients in south Dakota that if they have the means of “safely” obtaining marijuana, go for it.

  18. Personally I favor legalization as you can’t outlaw stupidity. The right to be stupid should be added to the Bill of Rights.

    But requiring everybody to grow at least six plants is absolutely hilarious.

    As is the idea that South Dakotans should be encouraged to go camping in April.

    And then the idea that drug offenders (including heroin and meth dealers???) should all have resentencing hearings (at public expense???!!) is beyond nuts.

    And finally, law enforcement and family court judges can’t do anything about a parent smoking pot in a car full of minor children, running red lights because “ooh wow they’re so pretty!?”

    This is your brain on drugs, trying to write legislation.

  19. My libertarian inclinations say “if they want to do this and live with the consequences, it is their choice.” However, because we have socialized the costs of bad decisions:

    1) If unemployed, we will support you.
    2) If underemployed, we will subsidize you.
    3) If you make bad health decisions, we will cover you.
    4) If you are an absolute idiot, we still think you can make your own decisions. BTW, proposing being impaired by dope can’t be considered in accidents is idiotic. We make you face the consequences of running over someone if you are drunk or texting but letting you off for being stoned? Dopers are Dopes.

    Now, we get to live with the consequences so we get to regulate your life.

    Thus, my conservative inclinations prevail.

    1) You got claims on my support so I’ve go a say in how you live your life and reduce those potential financial claims.
    2) When I look around at what has happened in both other nations and other states who have legailized pot and other drugs, I don’t like it. So, no matter how many “rational arguments” you spout, I don’t like the end result and I’m not going there.

    Vote no on making it permissible for dopes to do dope!

    1. Troy. Banning alcohol and cigarettes would make all of our lives healthier and safer. No question. And liberty will pay the price.

      The government can stop trying to control people any time now. They are not very good at it anyway.

      Liberty for you and dopes alike.

  20. One more thing:

    Ask ANYONE who is in HR or supervises employees in businesses in which chemical use (alcohol or drugs) is prevalent in the people they hire about their opinion. It’s pretty close to universal for two reasons:

    1) Being impaired is a safety risk to the employees and financial performance.
    2) They are good at identifying and it is easier to discern one is impaired by alcohol but users of dope or drugs are almost always caught when there is an accident.
    3) If it is legalized, the only way to insure safety will be routine drug tests and then you’ll have to be prepared to deal with the issues of discrimination between whether this person is really in a safety position. It is an HR mess.

    1. The Colorado Supreme Court has already held that employers can fire people for marijuana use even if that use was not at work. Private businesses would still be able to continue their drug policies exactly as they are today. Not an HR mess at all. If you want a good job, pass the drug test. If you want to keep that job, don’t do drugs. Heaven forbid we force people to make life decisions on their own.

      But you argument is still flawed. “…in businesses in which chemical use is prevalent.” So what your saying is that it is already there. So if it is already there, isn’t it already an HR mess? maybe we should outlaw it to fix the problem……

      1. Wrong, one of these things prohibits employers from taking any action against somebody who is stoned on the job.

        Seriously, don’t sign either of them if you haven’t bothered to read them

  21. Troy said, “So, no matter how many “rational arguments” you spout, I don’t like the end result and I’m not going there.”

    I am not sure that liberty always is the most rational argument. Is it not safer to ban alcohol? Banning divisive speech is a rational idea, I suppose. Ban the inherently dangerous motorcycle?

    I’ll stick with liberty rational or not.

  22. After looking over the two proposed initiatives both of them are ridiculous. Even if you think marijuana should be legal, why would you agree with allowing a stoner to drive around with a carful of kids? Why would you be okay with a stoned employee operating equipment? Why would you want a bunch of stoned campers stuck in an April blizzard?

    And do you really want to grow the plants in your home? (6 of them for each of us or per household?)

    These initiatives are so stupid I am tempted to introduce one of my own, allowing marijuana use only during full moons, and eliminating the sales tax on Sara Lee, Little Debbie, and Blue Bunny.

  23. Anne, I think we should just get the petition sheets and post them for everyone to see who is so stupid to sign them…clearly anyone signing a petition that REQUIRES everyone to have 6 marijuana plants can’t be operating with a full deck.

    Can anyone defend that provision?

    1. After reading the proposals, the medical marijuana proposal filed on January 27th seems fairly straightforward and has some solid language. the only part that baffles me is the “six plant minimum” language. However, if you read it, it is not requiring everyone to have six plants, just those cardholders that don’t have a doctors recommendation saying otherwise. Also, (Anne, I am Anon 9:13), medical marijuana users would be under the same employment policies as people on other prescription pain killers. The recreational marijuana proposal field on May 27th is absolutely asinine. No other way to state it. I would favor the legalization and regulation of marijuana, but never like that. ever. However, the recreational proposal filed on March 27 seems very fair. You can still get a DUI for driving while stoned, no one under 21 can possess marijuana, and it also specifically states that “No employer may permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis in the workplace.” (Section 29). It seems like all of your arguments are taken care of with that one.

  24. A script for Med Marijuana will be abused and if an employer specifies that if an employee tests positive for THC then they have the right to terminate if those are under the terms of employment or even a lease for a rental property owner.

    1. I have read many studies about how Medical marijuana is being used by people that it is not prescribed for especially among juveniles. Just another way to get marijuana for recreational purposes.

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