PIERRE — Gov. Kristi Noem isn't going to stand in the way of the legalization of medical marijuana in South Dakota. But the state needs more time get ready for it.
That's the case her office is making as it asks lawmakers to sign off on delayed implementation of Initiated Measure 26, the ballot question legalizing medicinal use of cannabis that earned nearly 70% support in November's election.
"We are working diligently to get IM 26 implemented safely and correctly,” Noem said in a statement issued Wednesday morning. “The feasibility of getting this program up and running well will take additional time."
Based on South Dakota law, approved ballot measures like constitutional amendments and initiated measures take effect on July 1 each year following an election. But that's too soon for an equitable, efficient and effective medical marijuana program to be stood up, Noem said, along with Republican leadership in both the House of Representatives and Senate who support the governor's plan to delay implementation until July 1, 2022.
PIERRE — Gov. Kristi Noem isn't going to stand in the way of the legalization of medical marijuana in South Dakota. But the state needs more time get ready for it.
That's the case her office is making as it asks lawmakers to sign off on delayed implementation of Initiated Measure 26, the ballot question legalizing medicinal use of cannabis that earned nearly 70% support in November's election.
"We are working diligently to get IM 26 implemented safely and correctly,” Noem said in a statement issued Wednesday morning. “The feasibility of getting this program up and running well will take additional time."
Based on South Dakota law, approved ballot measures like constitutional amendments and initiated measures take effect on July 1 each year following an election. But that's too soon for an equitable, efficient and effective medical marijuana program to be stood up, Noem said, along with Republican leadership in both the House of Representatives and Senate who support the governor's plan to delay implementation until July 1, 2022.
For instance, IM26 required that schools accommodate the use of medical marijuana for students, but it doesn't mention what methods of consumption allowed for a qualifying medical marijuana patient. That leaves questions for about whether schools might have to allow for the actual act of smoking marijuana during school hours or if they have the authority to narrow the scope of consumption methods to edibles or non-smoking forms.
The task force would be bound by statute to finish its work no later than the start of the 2022 legislative session next January and have legislation ready for lawmakers to consider.
The governor's plan for delayed implementation marks another setback for pro-pot advocates who'd hoped to see South Dakota's cannabis laws loosened in 2020. It comes two days after a Hughes County judge ruled that a measure legalizing recreational marijuana is unconstitutional.
But language in HB 1100 explicitly acknowledges the intent of South Dakota voters when they approved IM 26 and commits to adhering to their wishes.
“There is no doubt that IM 26 passed in South Dakota, and it is fully our intention to honor the will of the voters,” House Majority Leader Kent Peterson, R-Salem, said. “Based upon the experiences of other states, we know that it takes time to start implementing a safe and workable program. We will get the job done.”
Senate Majority Leader Gary Cammack, R-Union Center, echoed Peterson's remarks.
But not everyone at the capitol is on board with slowing down the process of implementation. Senate Minority Leader Troy Heinert, D-Mission, won't support delayed implementation.
When voters cast their ballots in November, they chose to make medical marijuana legal this year, not in 2022, he said.
"The voters passed IM 26 by an overwhelming margin and it is the legislature's job to ensure its implementation," Heinert told the Argus Leader. "Anything less is unacceptable and we must respect the will of the voters."
There's also some doubt that the stated commitment to implement medical marijuana by Noem's office and Republican leadership in the Legislature is genuine. Given the governor's anit-marijuana positions and her active role in campaigning against both medical and recreational cannabis ahead of the election, some lawmakers and representatives in the cannabis industry lobby say delayed implementation could just be cover to give her more time to figure how to create a medical marijuana system that won't be as comprehensive as what was outlined in IM 26.
Melissa Mentele, the campaign manager for IM 26 and executive director of New Approach South Dakota, doesn't think state government needs nor deserves more time to implement medical marijuana. Having spent years advocating for medical marijuana, Mentele said the health department, charged in IM 26 for administering a medical marijuana program, has ample time to prepare ahead of the July 1 date voters signed off on.
"The policy is detailed and based on best practices from other states. The legislature does not need to change Measure 26 -- we wrote a complete policy," she said. "All they need to do is respect the will of the people and allow the state to implement a medical marijuana program for qualifying patients."
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