Last week (Nov. 24, 2021), the South Dakota Supreme Court ruled that last year’s voter-approval of recreational marijuana doesn’t pass constitutional benchmarks because it covered too many topics surrounding marijuana. While they disagree with the ruling, organizers behind the ballot initiative say they’re now focused on asking voters to approve the idea again.
Matthew Schweich, director of South Dakotans for Better Marijuana Laws, calls the decision “flawed,” but says the group is circulating a petition to put a similar question on the ballot next year.
“We know we have the will of the people on our side, and we’re not gonna stop working until the will of the people is upheld and respected in South Dakota.”
Apart from the new ballot plan, Schweich says he hopes state lawmakers step in and approve a recreational law. Either way, he hopes the legal fight doesn’t discourage residents when it comes to democracy.
“I’ve heard a lot of people saying, ‘Our votes don’t count, why do I even bother?’ No, don’t give up on voting. Don’t give up on the democratic process.”
He says the new question has been rewritten to avoid any pushback that would lead to a lawsuit. The previous ballot initiative received 54% approval. Despite that, Governor Kristi Noem directed the state’s Highway Patrol superintendent to pursue a lawsuit against Amendment A. In praising the court’s decision, she says it won’t affect the state’s emerging medical-marijuana program, also approved by voters last year.
National polling indicates a majority of Americans say marijuana should be legal for both recreational and medical use.
Petition organizers have until next spring to submit the signatures to the Secretary of State.
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