Since Connecticut dropped in summer 2021, the main line has been that there are 18 legalized states for recreational cannabis use in the US. But there should be 19, and one of them should be South Dakota. The story hasn’t gotten as much press as it should have, as most seem not to realize that South Dakota actually passed a ballot measure, which legalized cannabis. Except it didn’t stick, because the government took it away.
How nuts is it that South Dakota legalized cannabis, just to have the government take it away? Not an indication of American democracy! Luckily, with the new cannabinoid market, even illegal states can have access to cannabis products, like delta-8 THC, THCV, and HHC. The holidays might be over, but the deals haven’t ended. Check out what we have on offer, and find what works best for you.Remember to subscribe to The THC Weekly Newsletter for deals on legal cannabis products, as well as all the latest news and industry stories. Also save big on Delta 8, Delta 9 THC, Delta-10 THC, THCO, THCV, THCP & HHC products by checking out our “Best-of” lists!
What’s the story with South Dakota and legalized cannabis?
On November 3rd of 2020, during the US national and state elections, South Dakota voters had the chance to cast their ballot on the question of whether cannabis should be legalized in South Dakota. Residents were able to vote on two measures, Measure 26, and Amendment A.
Measure 26 was an initiative to legalize medical marijuana and create a medical marijuana program. Amendment A was an initiative for legalized recreational cannabis in South Dakota, which also had additional requirements for the state to legalize medical cannabis, and to institute hemp sales by April 1, 2022. Recreational cannabis would have gone into effect by July 1st, 2021.
Measure 26 was officially certified on December 19th, 2019, by the South Dakota Secretary of State to be on the 2020 ballot. Amendment A also found itself on the ballot. And voters, indeed, were able to vote on both at once. Measure 26 passed with 70% of the vote, making it clear South Dakota most definitely wants a medical program. Amendment A passed as well with 54% of the voting population agreeing it was time for recreational cannabis to be legalized in the state.
This is interesting because it would have made South Dakota the very first state to legalize medical cannabis and recreational cannabis at the same time. And technically, it most certainly did, as per the ballot vote mentioned above. So, there should be 19 legalized states (Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Montana, New Jersey, New Mexico, New York, Nevada, Oregon, Washington, Vermont, Virginia, AND South Dakota) except there aren’t, there are only 18, because South Dakota had its recreational cannabis win taken away.
No democracy in South Dakota!!!
South Dakota’s voters made it clear they were in favor of both legalized medical cannabis, and recreational cannabis. By votes of 70% and 54% respectively, both measures were passed on the same day. Unfortunately, sometimes, even when the people are directly given the choice, governments don’t always respect this, and such is the case with South Dakota.
Nearly immediately after South Dakota voters passed Amendment A, on November 20th, 2020, two law enforcement officials: Sheriff Kevin Thom of Pennington County, and Superintendent Rick Miller of the South Dakota Highway Patrol, filed a lawsuit to invalidate Amendment A. The basis of the suit was that South Dakota has a law for single-subject ballot measures only, meaning a ballot measure cannot cover more than one item legally. Amendment A dealt with legalizing recreational cannabis, legalizing medical cannabis, and instituting hemp sales.
They also argued that it acts not as an amendment, but as a revision to an existing law, which requires a constitutional convention, rather than an amendment. As expected for a population that knowingly voted it in, there was a very negative response to the lawsuit.
But it gets stickier. This wasn’t two random law enforcement guys who just couldn’t stand the idea of weed being legalized. It was actually a conspiracy between them and leading co-conspirator Kristi Noem, the governor of South Dakota. This was made public on January 8th 2021, when she issued an executive order making it clear she was behind the whole thing, and had actually directed law enforcement to file the suit. Noem never wanted Amendment A, and had made that clear before the vote.
Though it seems like simply seeing this connection should have raised grave concerns about governor Noem’s position, and whether she should be allowed to keep it, it instead was upheld, and arguments were heard on the case on January 27th, 2021. The presiding judge in the case? Christina Klinger, appointed by none other than Governor Noem. By February 8th, 2021, Klinger ruled that the measure was unconstitutional in that it violated the single-subject rule, and that it was a revision that was needed anyway, not an amendment.