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South Dakota Voters Approve Recreational And Medical Marijuana Legalization Ballot Measures

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South Dakota voters have approved two ballot initiatives to legalize marijuana for recreational and medical purposes, according to projections from the Associated Press.

Results tracker sponsored by ETFMG | MJ.

The recreational measure, which is a constitutional amendment, will make it so people 21 and older will be able to possess and distribute up to one ounce of marijuana, and they will also be allowed to cultivate up to three cannabis plants. Upon formal passage, legalization will become the law on July 1, 2021. The Department of Revenue will be charged with developing licensing regulations by April 1, 2022.

The medical cannabis initiative will make a statutory change to allow patients suffering from debilitating conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary. The state Department of Health will have until October 29, 2021 to enact regulations for the program and then must issue patient registration cards by November 18.

“No state has ever moved from marijuana prohibition to allowing both medical use and adult-use access, quite literally, overnight,” NORML Executive Director Erik Altieri said. “These votes are a stunning rebuke to those elected officials that for decades have refused to move forward with substantive marijuana law reform legislation, and they are yet another indication of the near-universal popularity of these policy changes among voters in all regions of the United States.”

“The very reason South Dakotans went to the polls to decide on these issues is because elected officials like Gov. Noem consistently failed to act,” he added. “The majority of South Dakotans, like the majority of Americans, believe that physicians, not doctors, should be able to decide if medical cannabis is a proper course of medical treatment. And they do not believe that people, particularly young adults and people of color, ought to be criminalized and stigmatized for possessing small amounts of marijuana.”

Recent polls indicated that both measures were on track to be approved.

A survey of likely voters released last month showed that 51 percent supported the adult-use policy change, compared to 44 percent who were opposed and five percent who were undecided. For medical cannabis legalization, 74 percent said they supported the reform while 23 percent opposed it.

A separate poll released in September by legalization opponents found that about 60 percent of South Dakota voters supported the broader recreational legalization proposal and more than 70 percent backed the narrower medical cannabis initiative.

“South Dakota has made history by becoming the first state to legalize medical marijuana and legalize marijuana for adults on the same day, Matthew Schweich, deputy director of the Marijuana Policy Project, said. “Furthermore, it is arguably the most conservative state yet to enact marijuana legalization. This victory has added significance at the federal level with top-ranking Republican Senator John Thune now representing a legalization state.”

Supporters and opponents got their message out in a series of ads leading up to Election Day.

A former federal prosecutor, Randy Seiler, endorsed both South Dakota ballot measures in a campaign ad released last month, for example.

Seiler isn’t the only former federal prosecutor backing far-reaching cannabis reforms in South Dakota. His predecessor Brendan Johnson actually sponsored the adult-use legalization initiative.

South Dakotans for Better Marijuana Laws, the campaign behind the recreational initiative, also released a separate ad with a retired Sioux Falls police officer who said he was supporting the proposals because criminalization wastes taxpayer dollars and law enforcement resources.

In that video, the former officer cited a report released by the legalization campaign last month that found that nearly one in 10 of all arrests in the state in 2018 were for cannabis offenses, with 95 percent of those cases concerning simple possession.

Gov. Kristi Noem (R), who previously vetoed a hemp bill, was among the opponents of the reform proposals. In a video ad released last month, she urged constituents to reject the reform initiative, stating that it’s “not good for our kids” and won’t “improve our communities.”

“The fact is, I’ve never met someone who got smarter from smoking pot,” the governor said.

Marijuana Moment is following multiple drug policy reform votes this Election Day. Check here for the latest.

Live Marijuana Election Results

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Politics

Colorado Activists File Revised Ballot Initiatives To Legalize Psilocybin And Establish ‘Healing Centers’

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Colorado activists have filed revised versions of a pair of 2022 ballot initiatives to legalize psilocybin and create licensed “healing centers” where people can use the psychedelic for therapeutic purposes. The move comes as state lawmakers have introduced a separate bill to require a study into the efficacy of plant-based psychedelics.

The ballot measures—filed by Kevin Matthews, the campaign manager behind Denver’s historic 2019 vote to locally decriminalize psilocybin and entrepreneur Veronica Perez—are similar to earlier versions the advocates filed with the secretary of state’s office last month, with a few key changes concerning the rollout of the reform, promoting equity and possession limits.

For the original initiatives, the campaign was considering two options: one would have legalized a wide range of entheogenic substances including DMT, ibogaine and mescaline, as well as establish a regulatory model for psychedelics therapy. The other would have initially enacted the reform for psilocybin and psilocin alone.

But recognizing that regulators would be faced with an onerous task to set up rules for multiple psychedelics, activists decided to take a different approach with the new measures. For both, there would be a two-tiered regulatory model, where only psilocybin would be legalized and regulated for therapeutic use until June 2026, after which point regulators could expand the policy change to include other psychedelics that are listed in the proposal.

“We really wanted to make sure that the administration had time to set up a proper regulatory structure—first for psilocybin and then for any further natural medicines,” Rick Ridder of RBI Strategies, a spokesperson for the campaign, told Marijuana Moment on Monday.

The decision to add additional psychedelics to the program would be made by the Department of Regulatory Agencies in consultation with a Natural Medicine Advisory Board that would be established. The board would be comprised of 15 members, including people who have experience with psychedelic medicine in a scientific and religious context.

Another major change from the prior versions is that the revised initiatives do not contain explicit “allowable” possession limits—a provision that had garnered pushback from certain Colorado activists when the original measures were filed.

And unlike the last two versions of the initiatives, these new measures also include specific provisions meant to “ensure the regulatory access program is equitable and inclusive and to promote the licensing of and the provision of natural medicine services” for people who have been disproportionately impacted by drug criminalization, who face challenges accessing health care, have “traditional or indigenous history with natural medicines” and military veterans.

Those rules could involve, but are not limited to, reduced licensing fees, reduced costs for low-income people and an annual review of “the effectiveness of such policies and programs.”

“I think what this is is a giant step forward for mental health treatment in the state of Colorado,” Ridder said. “As we’ve looked at the results of research throughout the world, we’re seeing very promising data related to particularly healthy people with PTSD, with suicidal tendencies and end-of-life. And this is just an opportunity to bring that kind of natural medicine and medicinal help to citizens here in Colorado.”

The two new initiatives are nearly identical to each other, except that one contains a component specifically authorizing people to petition courts for record sealing for past convictions that would be made legal under the proposal.

Under the proposals, the Department of Regulatory Agencies would be responsible for developing rules for a therapeutic psychedelics program where adults 21 and older could visit a licensed “healing center” to receive treatment under the guidance of a trained facilitator.

This latest filing comes more than two years after Denver became the first city in the U.S. to decriminalize psilocybin mushrooms. Various activists, including those involved in the 2019 campaign, have signaled interest in building upon the reform.

The initiatives must still be assigned an official ballot title and summary from the state before they’re approved to begin signature gathering. The measures are scheduled to receive a review and comment hearing on February 3. If approved by state officials, activists will choose one of the measures to pursue and will then need to collect 124,632 valid signatures from registered voters to achieve ballot access.

The Colorado ballot initiatives seek to accomplish something similar to what California activists are actively pursuing. California advocates are in the process of collecting signatures for a ballot initiative to legalize psilocybin mushrooms in the state.

Meanwhile, in Colorado, Sen. Joann Ginal (D) and Rep. Alex Valdez (D) filed a modest bill last week to create a one-year plant-based medicine policy review panel that would be tasked with studying the “use of plant-based medicines to support mental health,” according to a summary. The ballot campaign is not affiliated with that legislative effort.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

“The policy review panel shall submit a report on its findings and policy recommendations to the House of Representatives Public and Behavioral Health and Human Services Committee and the Senate Health and Human Services Committee, or any successor committees; the governor; and the Department of Human Services,” it says.

Meanwhile, legislative efforts to enact psychedelics reform are also underway in other states across the country.

For example, a bill to decriminalize a wide array of psychedelics in Virginia was taken up by a House of Delegates panel on Monday, only to be pushed off until 2023. But there’s still a separate but similar reform proposal that’s pending in the Senate.

Two Republican Oklahoma lawmakers recently filed bills meant to promote research into the therapeutic potential of psilocybin, and one of the measures would further decriminalize low-level possession of the psychedelic.

A GOP Utah lawmaker also introduced a bill last week that would set up a task force to study and make recommendations on the therapeutic potential of psychedelic drugs and possible regulations for their lawful use.

In Kansas, A lawmaker also recently filed a bill to legalize the low-level possession and cultivation of psilocybin mushrooms.

A Republican Missouri lawmaker introduced a bill this month to give residents with serious illnesses legal access to a range of psychedelic drugs like psilocybin, ibogaine and LSD  through an expanded version of the state’s existing right-to-try law.

California Sen. Scott Wiener (D) told Marijuana Moment in a recent interview that his bill to legalize psychedelics possession stands a 50/50 chance of reaching the governor’s desk this year. It already cleared the full Senate and two Assembly committees during the first half of the two-year session.

In Michigan, a pair of state senators introduced a bill in September to legalize the possession, cultivation and delivery of various plant- and fungi-derived psychedelics like psilocybin and mescaline.

Washington State lawmakers also introduced legislation this month that would legalize what the bill calls “supported psilocybin experiences” by adults 21 and older.

In Vermont, a broad coalition of lawmakers representing nearly a third of the House introduced a bill to decriminalize drug possession.

New Hampshire lawmakers filed measures to decriminalize psilocybin and all drugs.

Last year, the governor of Connecticut signed legislation that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

At the congressional level, bipartisan lawmakers sent a letter to the Drug Enforcement Administration (DEA) this month, urging that the agency allow terminally ill patients to use psilocybin as an investigational treatment without the fear of federal prosecution.

Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

Photo courtesy of Dick Culbert.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Amazon Endorses GOP-Led Bill To Federally Legalize Marijuana

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Amazon, the second largest private employer in the U.S., is backing a Republican-led bill to federally legalize, tax and regulate marijuana.

The company’s public policy division said on Tuesday that it is “pleased to endorse” the legislation from Rep. Nancy Mace (R-SC), who filed the States Reform Act in November as a middle-ground alternative to more scaled back GOP proposals and wide-ranging legalization bills that are being championed by Democrats.

“Like so many in this country, we believe it’s time to reform the nation’s cannabis policy and Amazon is committed to helping lead the effort,” the company, which previously expressed support for a separate, Democratic-led legalization bill, said.

Amazon has worked to adapt to changing marijuana policies internally as it’s backed congressional reform, enacting an employment policy change last year to end drug testing for cannabis for most workers, for example.

Months after making that change—and following the introduction of the States Reform Act—Mace met with Amazon and received the company’s endorsement, Forbes reported.

“They don’t want to sell it,” the freshman congresswoman said, adding that Amazon is primarily interested in backing the reform for hiring purposes instead of as a way to eventually sell cannabis. “It opens up the hiring pool by about 10 percent.”

Brian Huseman, Amazon’s vice president of public policy, said the bill “offers comprehensive reform that speaks to the emergence of a bipartisan consensus to end the federal prohibition of cannabis.”

Amazon’s drug testing decision was widely celebrated by reform advocates and industry stakeholders. Initially, the company only talked about ending the policy going forward. But it later disclosed that the policy change would also be retroactive, meaning former workers and applicants who were punished for testing positive for THC will have their employment eligibility restored.

The reason for the move away from marijuana testing was multifaceted, Amazon said at the time. The growing state-level legalization movement has made it “difficult to implement an equitable, consistent, and national pre-employment marijuana testing program,” data shows that drug testing “disproportionately impacts people of color and acts as a barrier to employment” and ending the requirement will widen the company’s applicant pool.

The GOP congresswoman’s bill already has the support of the influential, Koch-backed conservative group Americans for Prosperity.

The measure would end federal cannabis prohibition while taking specific steps to ensure that businesses in existing state markets can continue to operate unencumbered by changing federal rules.

Mace’s legislation has been characterized as an attempt to bridge a partisan divide on federal cannabis policy. It does that by incorporating certain equity provisions such as expungements for people with non-violent cannabis convictions and imposing an excise tax, revenue from which would support community reinvestment, law enforcement and Small Business Administration (SBA) activities.

Marijuana Moment first reported on an earlier draft version of the bill in November, and it quickly became apparent that industry stakeholders see an opportunity in the Republican-led effort.

The reason for that response largely comes down to the fact that there’s skepticism that Democratic-led legalization bills—including the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that Amazon has also endorsed—will be able to pass without GOP buy-in. While Democrats hold majorities in both chambers, in addition to controlling the White House, the margins for passage are slim.

The MORE Act did clear the House Judiciary Committee in September, and a previous version passed the full House during the last Congress. Senate leadership is preparing to file a separate legalization proposal after unveiling a draft version in July.

Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

Photo courtesy of Max Pixel.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

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A bill to decriminalize a wide array of psychedelics in Virginia was taken up by a House of Delegates panel on Monday, only to be pushed off until 2023. But there’s still a separate but similar reform proposal that’s pending in the Senate.

Advocates were hopeful that a House Courts of Justice subcommittee would advance the reform, especially after an amendment from the sponsor was adopted to more narrowly apply decriminalization to medical practitioners and people using psychedelics in treatment with a practitioner.

But following some discussion of Del. Dawn Adams’s (D) bill, members approved a motion to carry it over to next year to give the legislature more time to refine it and build support. It was a disappointment for activists, and there was particular surprise that the delay motion was made by House Minority Leader Charniele Herring (D)‎, who is well known for championing marijuana legalization in the state.

Adams said in her opening remarks before the subcommittee that she has “spent considerable time hearing from researchers, meeting with both local and nationwide community advocates, speaking with veterans and personally reading dozens of publications and studies about the benefits of plant medicine.”

“What I’ve been able to learn is that there is strong evidence to support plant medicines—once thought dangerous—that really are effective and safe treatments,” she said.

There seemed to be some confusion among certain members about what the legislation would actually do.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

One member asked whether doctors would be able to prescribe psychedelics and whether the state would “see peyote stores and psilocybin stores basically popping up.”

The bill as amended wouldn’t legalize psychedelics for medical or recreational use. It would simply make it so practitioners and people participating in psychedelics treatment would face a $100 fine for possessing peyote, ibogaine, psilocybin or psilocyn. Currently, such possession is considered a Class 5 felony.

Any dollars collected from psychedelics possession violations would go to the state’s Drug Offender Assessment and Treatment Fund, which supports substance misuse treatment programs and drug courts.

But following testimony from advocates and researchers, Herring said that “there’s a lot of issues have been raised” and that she’d like to see a “prescription element” built into the legislation. Of course, because the psychedelics are federally controlled substances, doctors are precluded from prescribing them, but they could theoretically make recommendations, as is done in medical cannabis states.

In any case, the motion carried and that bill has now been set aside until next year. Now advocates are eager to see what happens with a separate, more limited reform measure that was considered in the Senate Judiciary Committee last week.

At that meeting, there was bipartisan support—including from the GOP minority leader—but also talk about making the decriminalization proposal more medically focused. The sponsor, Sen. Ghazala Hashmi (D), agreed to go back and make revisions so that the panel could reconsider it at a future meeting. The expectation was that it would be taken back up this week, but it’s not currently listed on the panel’s agenda for Wednesday.

The bill is scaled back compared to the House version because, as drafted, it would only decriminalize psilocybin and psilocyn by adults 21 and older. It’s unclear what kind of amendments the sponsor might offer when the committee takes up the legislation again.

At a recent virtual event organized by the reform group Decriminalize Nature Virginia, the sponsors of both bills participated as hosts, sharing their perspectives about the growing body of research indicating that psychedelics could be powerful tools to combat conditions like treatment-resistant depression and post-traumatic stress disorder (PTSD).

If the legislature does approve the legislation, it could face resistance from the state’s incoming Republican governor, Glenn Youngkin, who has expressed concerns about implementing a commercial marijuana market in line with what the Democratic legislature and outgoing governor approved last year.

These psychedelics reform proposals are some of the latest to be introduced in state legislatures this session as the decriminalization movement spreads.

For example, two Republican Oklahoma lawmakers recently filed bills meant to promote research into the therapeutic potential of psilocybin, and one of the measures would further decriminalize low-level possession of the psychedelic.

A GOP Utah lawmaker also introduced a bill last week that would set up a task force to study and make recommendations on the therapeutic potential of psychedelic drugs and possible regulations for their lawful use.

In Kansas, A lawmaker also recently filed a bill to legalize the low-level possession and cultivation of psilocybin mushrooms.

A Republican Missouri lawmaker introduced a bill this month to give residents with serious illnesses legal access to a range of psychedelic drugs like psilocybin, ibogaine and LSD  through an expanded version of the state’s existing right-to-try law.

California Sen. Scott Wiener (D) told Marijuana Moment in a recent interview that his bill to legalize psychedelics possession stands a 50/50 chance of reaching the governor’s desk this year. It already cleared the full Senate and two Assembly committees during the first half of the two-year session.

In Michigan, a pair of state senators introduced a bill in September to legalize the possession, cultivation and delivery of various plant- and fungi-derived psychedelics like psilocybin and mescaline.

Washington State lawmakers also introduced legislation this month that would legalize what the bill calls “supported psilocybin experiences” by adults 21 and older.

In Vermont, a broad coalition of lawmakers representing nearly a third of the House introduced a bill to decriminalize drug possession.

New Hampshire lawmakers filed measures to decriminalize psilocybin and all drugs.

Last year, the governor of Connecticut signed legislation that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

At the congressional level, bipartisan lawmakers sent a letter to the Drug Enforcement Administration (DEA) this month, urging that the agency allow terminally ill patients to use psilocybin as an investigational treatment without the fear of federal prosecution.

Oklahoma Republicans File Bills To Decriminalize Psilocybin And Encourage Research On Medical Benefits

Photo elements courtesy of carlosemmaskype and Apollo.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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