Last night, South Dakotans took a rather libertarian (with a small l) view of politics and passed sports betting, medical marijuana, and legalized recreational marijuana.
It will be an interesting path that will be rolling out, as opposed to rolling up, over the course of the coming months.
There likely isn’t much consternation over betting, or even medical pot, both of which won handily. But I have the feeling that recreational marijuana might prove to be more challenging, and the battle isn’t necessarily done being fought.
Even with passage, marijuana remains illegal under federal law. And the question will have to be answered as to how main street South Dakota will tolerate pot vendors moving into local storefronts.
My guess is that we could see a backlash as to how South Dakotans didn’t care for video lottery casinos.. which in past decades had generated an effort at repeal, such as in 1992 & 2006 , once the reality of what happened last night starts setting in.
The first go at it might be that Amendment A might be challenged in court on grounds that it violates the single subject portion of the constitution. Or on other grounds.
Shocking? Meh. Anymore it’s just par for the course. Don’t forget, video lottery was challenged in court as well – which shut it down for a time – only for it to come back in front of the voters at a later date.
At this point, we might have just simply completed what’s considered phase one of the battle to legalize pot in the state.
Or we could get with the times, honor the will of the clear majority, and figure out how best to capitalize on the tax revenue.
Why would we question the will of the voters when they say they dont need the government meddling in their personal lives. These are SD voters that passed this for themselves, knowing exactly what it does.
So, while I believe the state GOP and Noem will fight this, my question is why?
The Amendment itself does plenty of meddling. It puts into the CONSTITUTION a licensing process, a new tax, dictates spending, and best of all, lets counties and cities decide whether or not you can even get it in your county. If I was the drafting attorney, I would be embarrassed. This thing is a mess.
And here’s the line of excuses why it will be overturned rearing to go.
This is what we get for having a Legislature and Governor who refuses to acknowledge the desire of the people.
Medical marijuana for almost *70%* of the vote. Where were our representatives on that issue? Nowhere to be found, because not one of them had an ounce of courage.
So now because of that malfeasance we are stuck with a constitutional amendment on a topic that has no business in a constitution. What a shame.
Lawmakers, I hope you learn the lesson from this. And if you try to challenge it, ultimately you’re going to fail, because you’re on the opposite side of the majority on this issue.
Get smart, accept it, and face it head on.
More South Dakotans voted for the recreational use of cannabis for adults over 21 than voted for Noem to be governor, what right does anyone in Pierre have to mess with this?
They would need to be worried about losing seats for them to take pause. If yesterday is any indication, that is not a reality. If they interfere, South Dakota will likely let them.
How can they interfere? The only option they have now is to either pass the necessary bills or propose a new constitutional amendment. Which would again need to be voted on by the same people that passed this amendment.
South Dakota has no problem keeping laws that are in direct violation of federal laws on the books, so that argument is a bit of a straw man.
South Dakota “automatically” restores the right of a non violent felon to own and possess a firearm 15 years after completion of sentence.
Federal law explicitly says any conviction of a crime punishable by more than 1 year in prison (felony) makes it illegal to own or possess a firearm for life. A pardon where the conviction is expunged is the only legal recourse according to the feds.
“I trust South Dakotans to be responsible and make their own decisions in a free America” – Kristi Noem, obviously talking about other South Dakotans and different decisions.
What is next…go the way of Oregon?
If that is what a majority of South Dakotans want, why not?
Thats the way this all works, you can’t blame anyone but fellow South Dakotans on this.
To steal a popular GOP line around here… “If you don’t like it, leave”
He/she can always move to Minnesota if he prefers their drug laws. In SD, we let our people decide for themselves.
That’s a logical fallacy, springer, called the slippery slope. Your fear mongering is worthless, both logically and substantively.
Under God, the people rule. Whether or not you agree or disagree, the people have spoken.
Why would our Republican leaders try to thwart the will of the people after claiming personal responsibility and freedom are more important than government control since March? I can spread disease to my neighbor and possibly kill them by my own choice but I can’t smoke a joint on my porch by my own choice? I guess I forgot it’s freedom as long as you agree with our dear leader. Noem is a numbskull on this issue and she drove the turnout.
As I predicted, Trump cruises if he supports Schedule II cannabis in his 2nd or 3rd year.
In SD, deep red state, nearly 70% support among his base.
Cannabis is a pivotal issue.
His right hand man, Roger Stone, started the American Cannabis Coalition.
It was all right there in front of his face, and he took the thinner margin and we’re now in a legal battle.
Meanwhile, back at the ranch, SD just legalized weed (in spirit, will).
Lawrence County was 70% for recreational. Am I reading that correctly?
We’re for Trump .. and weed?
Thanks for all the coverage, Pat, and for recognizing fair and reasoned contributions vs trolling, and for having a sense of humor.
Love the collections of buttons and other memorabilia. I have a soft spot for historians and that’s great.
Have a super day, and we look forward to covering more civic issues.
Sincerely,
John Dale
Spearfish City Limits Host
https://PlainsTribune.com
What gets me is that it’s part of our constitution.
Come on SD, you are better than this!
Are we not a state of laws governed by a representative democracy? Now the people have to vote on any changes that will inevitably need to be made. This is not how our government works.
We have an election every 2 years and if pot was so popular then why did the people elect anti-pot representatives in their government? This is a glaring example of we won’t don’t have a direct democracy system!
Without direct democracy, the people would not have been adequately or accurately represented on this issue by their cowardly representatives or hypocritical governor.
Your beef is with those representatives, not with direct democracy.
“We have an election every 2 years and if pot was so popular then why did the people elect anti-pot representatives in their government?”
Lol — you are questioning the popularity of marijuana in South Dakota after a literal popular election demonstrated clear majority support.
It had no place as part of our constitution.
OUR constitution, not YOUR constitution. If MOST of us want this in OUR constitution, then it is YOU that has the problem. Go find a state where the people agree with you. Its not here.
Agree but legislature proved they can’t be trusted.
Cry more, GOP. The people have spoken and cannabis has been enshrined in our constitution! It didn’t have to be this way but the legislature thought they knew better than the people and now they pay the price.
It’ll be fascinating how this plays out. My hunch is, we’ll be one toke over the line in no time.
It won’t be long before feces and used needles line the streets of SD cities and towns.
Dogs and cats.
Living together.
MASS HYSTERIA, PEOPLE.
Have you been to Rapid City lately? Already here.
Yes. The legalization of marijuana will increase the amount of used needles on the street. Very logical.
I plan to open a convenience store and sell munchies.
….. So just a regular convenience store then?
Sick burn bro.
so now the state constitution limits cannabis use to people over the age of 21?
I guess that means the kids with seizures and cancer can’t have any after all.
The 21 age limit only applies to recreational marijuana, not medicinal.
Pueblo County, Colorado citizens did attempt to repeal legalization after experiencing the negative effect it had on their communities but were heavily outspent by Big Tobacco 2.0 and their shills like the Drug Policy Alliance which has an end goal of legalizing ALL drugs. Given the shady tactics, misleading and false campaign with millions of of out of state money that poured into South Dakota a repeal effort could emerge. That repeal effort will need to be well coordinated, organized with decent funding since Big Tobacco 2.0 and their paid shills in South Dakota will do everything to defeat it since it would cripple further expansion of this industry and into other states. If successful this public policy con would most likely be stopped in it’s tracks nationwide and this industry knows that. Germany soundly defeated a legalization attempt on October 30th. New Zealand decisively defeated their national attempt at legalization. Prior to the pandemic 10 states turned back various legalization attempts with all the false claims and lies catching up to this predatory addiction for profit industry.
South Dakotans gave more money to the pro-pot side than they did the anti’s. South Dakotans clearly voted to legalize marijuana. Go back to Minnesota where you belong. We believe in personal responsibility and the right for our citizens to choose for themselves. If my neighbor wants to smoke a joint while I drink a few busch lattes, that is his choice and I support his choice of relaxation over mine.
Preach. Sounds like some people need to go live in Minnesota where the nanny state government rules their lives. We like freedom and personal responsibility in South Dakota.
Miranda, you’re going to have to show me on a doll where the cannabis plant hurt you.
Seriously, as the others have said, no one cares what a Minnesota resident thinks about how we should live in South Dakota. Hit the road.