Amendment A
The Supreme Court's Decision
Greetings! The State Supreme Court struck down
Constitutional Amendment A. Yep! It’s final.
The State Supreme Court ruled that Constitutional Amendment A was
unconstitutional. This amendment would
have legalized marijuana use in South Dakota.
So, what happened? Well, in Constitutional Amendment A there were 3 subjects: medical marijuana, recreational marijuana, and hemp. The Supreme Court, using my layman’s terms, not hard evidence, decided that those 3 items were 3 different subjects. Why was that important?
Well, way back in 2018, we passed Amendment Z which dealt with ballot measures needing to be only one subject. The argument for Constitutional Amendment A was that all three components, medical marijuana, recreational marijuana, and hemp were all about cannabis; so, that justified it as a single subject.
Constitutional Amendment A passed on our ballot Nov. 3, 2020, with 54-46% approval. In contrast, Initiated Measure 26 (medical marijuana) passed with 76-24% approval.
My view on the spread between the 54% and 76% is this. Constitutional Amendment A had three factions of voters – the hemp voters, the medical marijuana voters and the recreational marijuana voters. IM-26 was “stand alone” with medical marijuana being the single subject. It was as bureaucratic as it possibly could be with font a size so small, we couldn’t even read it with the naked eye AND it had 95 sections in it! Nevertheless 76% of the voters thought it was ok to legalize medical marijuana.
This past session we passed legislation making the font size readable, basically the size of the font in a newspaper, and increased the threshold to pass a ballot measure from 50 plus one to 60%.
Bottom line, medical marijuana is legal with your doctor’s approval. Growing hemp is legal, as it was passed in the legislature in 2020. It shouldn’t have been on the ballot again in the first place. Recreational marijuana is NOT legal in South Dakota. So, what happens next?
We could, in the upcoming legislative session starting January 11, 2022, pass recreational marijuana. We could do nothing in the legislature and see what pops up on the ballot in the next General Election scheduled for November 2, 2022.
In the Marijuana Summer Study, we heard testimony from a state senator from Colorado. Colorado legalized marijuana in November of 2012. His recommendation to us was not to put marijuana into our State Constitution. Once that happens, it takes another Constitutional Amendment to change anything. His recommendation was to have it approved by the Legislature or through an Initiated Measure, so that it wasn’t in the State Constitution. That, of course, is IF we as a state want to legalize recreational marijuana.
I am alarmed that law enforcement isn’t arresting anyone with less than 3 ounces of marijuana. I think everyone knows I’ve never even had a tobacco cigarette, and no, haven’t ever smoked a joint. So, my research tells me there are 60-80 joints (marijuana cigarettes) in one ounce of marijuana. So, that means you could have, using the lower number of 60 joints per oz, 180 joints and not be arrested.
I have visited several times with Pennington County Sheriff Kevin Thom and he assures me that once this reading from the Supreme Court came down that they are going to rethink the 3 oz or less rule. I haven’t visited with the other two sheriffs in my district (Robert Evans in Fall River and Marty Mechaley in Custer) but plan on seeing them this week. I also plan on getting the opinions of the 3 State Attorneys in my district: Mark Vargo in Pennington, Tracy Kelley in Custer, and Lance Russel in Fall River.
To the citizens of South Dakota and to the men and women in uniform, in honor of all who served, in respectful memory of all who fell, and in great appreciation to those who serve today, Thank You, for giving me the opportunity to represent you.
Tim R. Goodwin, District 30 Representative

