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South Dakota Medical Marijuana Activists Propose Alternative Legalization Timeline After Governor Pushes Delay

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As marijuana reform advocates prepare an appeal to a court ruling invalidating a voter-approved recreational legalization initiative, they’re also hoping to reach a deal with South Dakota’s governor and lawmakers over the timeline to implement a separate medical cannabis reform measure. And they want legal protections for patients in the interim.

As passed by voters in the November election, regulators are required to develop rules for a medical marijuana program by July 1. But Gov. Kristi Noem (R) proposed legislation to delay implementation by an additional year—a request that advocates say is excessive and puts patients at risk of ongoing criminalization.

As a compromise, reform groups New Approach South Dakota and South Dakotans for Better Marijuana Laws have put forward an alternative plan that would still push back the effective date of the legalization measure, but by less time. Simultaneously, it proposes amending the governor’s legislation to offer legal protections for medical cannabis patients even before they’re formally registered .

The House State Affairs Committee approved the implementation delay bill last week, and it was expected to be considered on the floor on Monday but it was deferred for later action.

Matthew Schweich, deputy director of the Marijuana Policy Project who worked on South Dakota reform campaign, said during a briefing that lawmakers from both chambers have expressed interest in adding their compromise legislation to the proposal, though he did not name any who have committed to sponsor the proposed compromise.

Melissa Mentele, campaign director behind the medical cannabis legalization initiative, said “our goals are simple: protect medical marijuana patients and the effectuate the will of the people.”

“This compromise allows us to do this, even if it’s at a slower pace,” she said. “The people of South Dakota want results. They want their vote votes to be respected. They don’t want obstruction and delay and endless debate. Our compromise gives the people what they want.”

Here’s a breakdown of the activists’ implementation proposal, as summarized by the campaigns: 

– Extends the deadline for the Department of Health to write rules and regulations for the medical marijuana program from October 29, 2021 to January 31, 2022 (HB 1100A proposed October 31, 2022).

– Extends the deadline for issuing registry identification cards to qualifying medical marijuana patients from November 18, 2021 to January 31, 2022 (HB 1100A proposed November 21, 2022).

– Ensures that specific legal protections are provided to medical marijuana patients before registry identification cards are issued. These protections will take effect on July 1, 2021, which is what Measure 26 currently requires (HB 1100A proposed delaying these protections to July 1, 2022).

– Extends the deadline for establishing a secure phone- or web-based verification system for registry identification cards from October 29, 2021 to January 31, 2022 (HB 1100A proposed July 1, 2022).

– Extends the deadline for the Department of Health and Department of Education to establish a medical marijuana policy for schools from fall 2021 to January 31, 2022 (HB 1100A proposed removing the deadline entirely).

– Expands the medical cannabis oversight committee in size and scope and directs it to report back to the Legislature with any recommended legislation by December 15, 2021.

– Increases reporting requirements for the Department of Health and the oversight committee in order to monitor the pace of the implementation process.

– Clarifies limits on home cultivation by medical marijuana patients.

The advocacy groups also want patients to be afforded an affirmative defense option they can exercise in court to have charges against them dropped while the formal medical cannabis registration system is being set up.

“South Dakota government agencies have already been assessing potential regulations for several months,” the groups said. “The deadlines established by the compromise are reasonable given the considerable amount of work that has already been completed and given the fact that 35 other states have medical marijuana laws to provide best practices upon which to draw.”

To justify her proposed delay, Noem used a letter prepared by the firm Cannabis Public Policy Consulting which claims that “the fastest timeline to create an effective, sustainable, and functioning medical marijuana system, without any existing licensing system, while balancing the need for patient access to safe marijuana with the need for public safety, preventing underage use and divergence into the illicit market, is between 14 to 20 months.”

House Speaker Spencer Gosch (R) told The Argus Leader that he expects an amendment to shorten the timeline to be considered when the delay legislation is taken up on the floor.

All of this comes weeks after a South Dakota state judge ruled that a separate voter-approved initiative to legalize marijuana for adults 21 and over is unconstitutional and cannot go forward. However, advocates plan to appeal that decision.

The ruling represents is a victory for the law enforcement leaders who filed the challenge, at least for now. The lawsuit is also being supported by the governor, who has said that voters made “the wrong choice” by legalizing marijuana.

Under the medical cannabis initiative, patients suffering from debilitating conditions will be allowed to possess and purchase up to three ounces of marijuana from a licensed dispensary. The question that remains now is when they will get that access.

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Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Connecticut Governor Says He’s Open To Smoking Marijuana After He Signs Legalization Bill

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The governor of Connecticut said on Friday that he isn’t ruling out smoking marijuana after he formally signs a legalization bill into law next week.

While most top politicians might still demure when asked if they’d partake in cannabis given ongoing stigma and federal prohibition, Gov. Ned Lamont (D) said matter-of-factly that “time will tell” when asked by a reporter if people can “expect to see the governor smoking a joint” after legalization goes into effect in the state.

News 12’s John Craven replied incredulously, “Really? You’re open to it?”

The governor first shrugged, then nodded his head yes.

“Not right now, but we’ll see” Lamont said.

Other governors in legal states have been playful about cannabis culture and their own relationship to the plant. But while a growing number of lawmakers are comfortable discussing their past marijuana use, this is a fairly remarkable exchange for the sitting top executive officer of a state.

It’s also a sign of the times, as congressional lawmakers step up the push to end federal prohibition and legalization bills move through numerous state legislatures.

Connecticut lawmakers sent Lamont an adult-use legalization bill on Thursday, and he’s confirmed his intent to sign it into law. It would make the state the 19th to have enacted the policy change and the fourth this year alone.

And while the governor has consistently emphasized the important of social equity in legalization legislation—at one point threatening to veto the bill because of a provision he felt could undermine its intent to effectively stand up disparately impacted communities—he also seems to see the personal benefits of the reform.

Similar to Lamont’s new comments, Washington Gov. Jay Inslee (D) raised some eyebrows in 2018 when he said in an interview that he grows cannabis himself. But then a spokesperson for his office denied that he actually personally cultivates marijuana.

Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says

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Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says

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Even though a Minnesota House-passed marijuana legalization bill died in the Senate without action by the end of this year’s regular session, a top lawmaker says there’s still a “possibility to move forward” on cannabis reform as part of a special session that began this week.

“Nobody really expected the medical program to be so successfully changed this year,” House Majority Leader Ryan Winkler (D) said at a rally with cannabis reform advocates on Wednesday, referencing a separate measure Gov. Tim Walz (D) signed last month that will allow patients to access smokable cannabis products.

According to The Star Tribune, Winkler added that “surprising things can happen” during a special session. “When you see Republican support and Democratic support in the House and Senate, there is a possibility to move forward.”

Advocates with Minnesota NORML are pushing for several specific policies to be incorporated into legislation that is set to be taken up by the legislature during the special session. The first is to expand the state’s decriminalization policy, and the second is to have the state petition for a federal exemption for Minnesota’s medical cannabis program.

Part of the motivation behind that latter proposal is to ensure that registered patients are able to lawfully purchase and possess firearms in spite of federal restrictions.

At the rally, which was organized by NORML, Republicans Against Marijuana Prohibition (RAMP) and other groups, Winkler and several other lawmakers spoke in favor of modest policy changes such as decriminalizing cannabis.

“Decriminalizing small amounts is important,” Rep. Jeremy Munson (R), one of only a handful of Republicans who voted for Winkler’s broad adult-use legalization bill, said at the rally. “If someone in Minnesota gets caught with two gummy bears, it’s a felony and they’ll lose their gun rights forever.”

The coalition proposed several key reforms that they say should be integrated into public safety and health legislation that’s currently moving through committee during the special session:

-Further reduce penalties for simple possession of marijuana.

-Allow people convicted of possession up to eight grams of cannabis to petition the courts for expungement.

-Require the Minnesota health commissioner to petition the Drug Enforcement Administration (DEA) for an exemption for its medical marijuana program.

”Reducing or eliminating the criminal penalties we’re seeing around marijuana is where we have consensus,” Thomas Gallagher of RAMP said in a press release. “Let’s focus on the people who have small quantities. There is injustice in a trivial amount of marijuana resulting in life-changing punishments like imprisonment, criminal records, and lost jobs and kids.”

Similar to the Minnesota activists’ call, Iowa officials have requested that federal agencies guarantee some level of protection for people participating in the state’s medical marijuana program.

The Hawaii legislature adopted a resolution in April seeking an exemption from DEA stipulating that the state is permitted to run its medical cannabis program without federal interference.

Back in Minnesota, the House approved a bill last month to legalize marijuana for recreational use following 12 committee assignments. That legislation stalled in the GOP-controlled Senate, however.

Advocates are hopeful about the possibility that further cannabis reforms could be accomplished in the special session, but they see an obstacle in Senate Majority Leader Paul Gazelka (R), who has been relatively silent on the issue since the end of the regular session.

He did previously say, however, that “we’re always said we were open to lowering the criminal penalties [for marijuana].”

The decriminalization legislation that advocates are rallying behind would make possession of up to eight grams of cannabis a petty misdemeanor. It would also make people with prior convictions for that level of possession eligible for expungements.

Under the separate medical cannabis expansion bill that the governor has signed, adults 21 and older will be able to access smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state’s cannabis commissioner authorizes it.

Dispensaries could also provide a curbside pickup option for patients under the new law. It further removes restrictions for designated caregivers and allows them to tend to six registered patients at once, rather than just one.

Walz, who hadn’t been especially vocal about legalization as the broader legislation advanced during the regulator session, said, “I’ve thought for a long time about that,” adding that “we know that adults can make their own decisions on things, we know that criminalization and prohibition has not worked.”

“I’ve always thought that it makes sense to control how you’re doing this and to make sure that adults know what they’re getting into, and use it wisely,” he said. “I also think there’s a lot of inequity about how folks have spent time in jail or been arrested around this, especially in communities of color.”

The majority leader’s legalization legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

Walz in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

The governor did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

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Maine Lawmakers Approve Bill To Decriminalize All Drugs On 50th Anniversary Of Nixon’s ‘War On Drugs’

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The Maine House of Representatives on Thursday approved a bill to decriminalize possession of all currently illicit drugs, delivering a victory to reform advocates on the 50th anniversary of President Richard Nixon’s declaration of the war on drugs.

The Senate also began consideration of the legislation on Thursday, but has not yet taken a vote.

The proposal, LD 967, was approved in 77-62 vote in the House. It would make possession of controlled substances for personal use punishable by a $100 fine, without the threat of incarceration. That fine could also be waived if a person completes a substance misuse assessment within 45 days of being cited.

“We are continually trying to criminalize a symptom of a disease. It hasn’t worked. It won’t work,” Rep. Charlotte Warren (D), who serves as the House chair of the legislature’s Criminal Justice and Public Safety Committee, said before the vote. “We have tried criminalizing this disease for decades, and 11 Mainers a week are dying.”

Rep. Anne Perry (D), sponsor of the bill, said that incarcerating people who are suffering from addiction “only proves to them that they are as bad as they think they are” and perpetuates the cycle of substance misuse. “Law enforcement is not the gateway to treatment and recovery. It’s a gateway to isolation and suicide.”

The measure’s passage flies in the face of Gov. Janet Mills (D), whose administration opposes the reform, as does the state attorney general. Coupled with opposition from Republican legislators, the bill faces an uphill battle to final passage.


Marijuana Moment is already tracking more than 1,100 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.

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The Senate also began consideration of the legislation on Thursday night, adopting a different committee report than the House approved, but setting it aside as unfinished business before taking a final vote on the bill. The version moving forward in that chamber would similarly impose a $100 fine for possession, but only for the first two offenses. Subsequent offenses would be considered Class E crimes that could carry jail time.

These actions come one month after a joint House and Senate committee advanced the decriminalization bill with several conflicting recommendations, as well as another measure to reform the state’s drug trafficking laws.

Supporters of the legislation include the American Academy of Pediatrics’s Maine Chapter, Maine Medical Association, Alliance for Addiction and Mental Health Services in Maine and Maine Council of Churches.

Thursday’s decriminalization vote represents a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.

For the first time ever, a congressional bill to federally decriminalize possession of controlled substances—and incentivize states to do the same—was formally introduced on Thursday.

Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.

Vermont lawmakers also introduced a bill in March that would end criminal penalties for possessing small amounts of drugs in the state.

Also that month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.

Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.

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