The 97th legislative session is over!
Whew! The 97th Legislative Session is over. All we have left to do is go back on Monday, March 28 tor Veto Day. If there are any vetoes by Gov. Noem, we have the option to overturn them at that time. That would take a 2/3rds vote in each chamber to override a gubernatorial veto. We also are probably going to have to go back to finish with the impeachment proceedings for Attorney General Ravnsborg. I’ll write more on that in a later article.
What are the hot topics? Campgrounds, rifle ranges, federal stimulus money, property tax relief, marijuana? Let’s go with marijuana, shall we? Going back to our General Election in November of 2020, on the ballot then was Constitutional Amendment A, authorizing the use of marijuana. It was broken down into 3 components: hemp, recreational marijuana, and medicinal marijuana. The amendment passed with 54% approval. However, our State Supreme Court overruled the constitutionality of this amendment in that it was ruled to have 3 separate subjects. Our constitution specifies that it must be a single subject. Also noteworthy, hemp was passed by a previous legislature, so I still haven’t figured out how it could be on the ballot.
Also, on the ballot was Initiated Measure 26 (IM26). This measure was to legalize medical marijuana. It passed with 76% approval. Interesting to me was that medical marijuana was on the ballot 2 times, once in Constitutional Amendment A and again in IM26. Once IM26 passed, we in the legislature, along with the Department of Health, went to work to develop the rules implementing medical marijuana.
We had a summer study of which I was a member, to work on this implementation. Consequently, when Session started on Jan. 11, 2022, we had dozens of marijuana bills. So, what happened? Well, we didn’t approve recreational marijuana. The reason I voted against it was two-fold. 1) Recreational marijuana is against federal law. 2) Law enforcement was unanimously against legalizing recreational marijuana. What will probably happen next is that it will be on the ballot in the General Election this November 2022, hopefully as an initiated measure. I’m not sure it will pass since with all the 3 components (recreational, medical marijuana, and hemp), it only received 54% of the vote. Recreational marijuana might not pass if it’s a stand-alone, single subject. Recreational marijuana is NOT legal in South Dakota currently.
Going next to medical marijuana, it’s pretty bureaucratic but I’ll try to get down to basics here. First off, to buy medical marijuana you need to get a card from your doctor authorizing you to do so. We did pass legislation authorizing physicians’ assistants and advanced nurse practitioners to prescribe and issue cards also. Then you go to the various medical marijuana dispensaries that will be springing up throughout the state and purchase your marijuana.
Another item that had a lot of debate was if you can grow your own marijuana. We called this “home grow.” After much legislative debate, it came down to this: You can “home grow” 4 plants, two being juvenile plants and two adult plants. The difference between the two is that juvenile plants are non-flowering, while adult plants are flowering.
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

