Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, September 22, 2020

Is South Dakota soon to become the first deep-red mainland state to fully legalize marijuana?

Growing-marijuana-south-dakota-600x250The question in the title of this post is prompted by this new Marijuana Moment piece headlined "South Dakota Voters Support Medical And Recreational Marijuana Initiatives, New Opposition Poll Finds."  Here are excerpts:

A majority of South Dakota voters support separate initiatives to allow both medical and recreational marijuana that will appear on the state’s November ballot, according to a new poll funded by legalization opponents.

But when it comes to the proposed adult-use legalization amendment, opponents argue that there’s significant confusion over what it would accomplish, as most people who said they favor the measure cited therapeutic applications of cannabis as reasons they support the broad reform.

The statutory medical cannabis initiative would allow patients suffering from debilitating medical conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary.  They could also grow at least three plants, or more if authorized by a physician.

The proposed constitutional amendment, which couldn’t be changed by the legislature if approved by voters, would legalize marijuana for adult use. People 21 and older could possess and distribute up to one ounce, and they would also be allowed to cultivate up to three cannabis plants.

There’s strong support for each of the measures in the new prohibitionist-funded survey, which was conducted June 27-30 and announced in a press release on Thursday. Roughly sixty percent of South Dakota voters said they favor recreational legalization, while more than 70 percent said they back medical cannabis legalization, according to the No Way on A Committee, which didn’t publish detailed cross-tabs, or even specific basic top-line numbers, from the poll results.

The decision by the prohibitionist committee to release the results of a poll showing such broad support for legalization is an interesting one. Typically, ballot campaigns and candidates use polling results to demonstrate momentum, but perhaps the South Dakota group is seeking to sound the alarm and generate donations from national legalization opponents to help stop the measure. If South Dakota votes to legalize cannabis this November, that would signal that the policy can pass almost anywhere....

While the recreational measure might not have been crafted solely with patient access in mind, adults who want to use marijuana for therapeutic reasons would still stand to benefit from a regulated market — regardless of whether it’s a medical or adult-use model — so it’s possible that the survey results don’t demonstrate total confusion among those respondents. Plus, the constitutional amendment does contain language requiring the legislature to enact policies on medical cannabis as well—providing more robust constitutional protections for therapeutic use than the statutory measure alone would ensure.

Maine, Nevada and especially Alaska are arguably "reddish" or "red" states that have already fully legalized marijuana via ballot initiatives in years past. But South Dakota is really deep red, as in 2016 it voted for Donald Trump two-to-one over Hillary Clinton. If such a deep red state really does vote convincingly for full marijuana legalization, I think the prospects for federal reforms get a lot brighter no matter who is in charge at the federal level after this election.

https://lawprofessors.typepad.com/marijuana_law/2020/09/is-south-dakota-about-to-become-the-first-deep-red-mainland-state-to-fully-legalize-marijuana.html

Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink

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