2020 SD Legislature: Legalizing marijuana to be among hot topics

The marijuana advocates are going to be in full swing very soon. We will be hearing all sorts of stories claiming that marijuana is the only hope for some people who are having medical problems. We have heard that same claim for decades, but, oddly enough, it still IS NOT FDA APPROVED. Instead, we continue to hear all the claims, but none of the proof.

There is an Initiated Measure to begin the move toward legalization. That is being brought by an individual who moved here several years ago and has been campaigning for the drug for years. The measure calls for legalization for “medical use” and includes use by both adults and minors. But, just like any good sales pitch, THAT’S NOT ALL! The measure is made up of 95 sections and allows for use, delivery, manufacture AND cultivation of marijuana. The measure is a drug user’s dream.  

According to the Attorney General’s statement, “The measure legalizes some substances that are considered felony-controlled substances under current state law. Marijuana remains illegal under federal law. The measure limits state and local law enforcement’s ability to assist sederal law enforcement authorities. … It will likely require judicial or legislative clarification.”

THEN, there’s the Constitutional Amendment, which is being brought by our former U.S. Attorney who has found “greener pastures” by advocating for an actual change in our South Dakota Constitution to “… legalize, regulate, and tax marijuana; and to require the Legislature to pass laws regarding hemp as well as laws ensuring access to marijuana for medical use.”

The Attorney General explains that “This constitutional amendment legalizes the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 2I and older.” Then the Amendment goes on to describe licensing and taxation as well as possession and “lawful distribution”. This proposed Amendment to our Constitution will be subject to appellate court challenges.   

This Amendment includes some references to developing rules about “hemp”, but that is really just a rabbit trail to give the Amendment some plausibility. Remember, the Constitution is our foundational document for the operation of our state and should not be assaulted with dreams of marijuana money.   

It has always been the practice of pot advocates to begin with “medical use” and then expand to full legalization. If there was a provable benefit it would have been found long ago. The fact is, marijuana is just a “gateway” drug. The likelihood of finding a drug user who did not begin with marijuana is very remote. Then there are all of the problems which have come to those states which have legalized marijuana. They are experiencing steady increases of the negative effects to health, motor vehicle deaths, adolescents’ school issues, mental health, poison control, and many other social issues including the expansion of untaxed drug trade.  

Then we would need to know who is going to pay for the rehabilitation of the marijuana users. We’ve been party to lawsuits concerning cigarettes, so we are likely going to be party to lawsuits concerning marijuana if this Amendment or the Initiated Measure passes.  

Protect our children, our law enforcement and our community by voting “NO” on each of these ballot items.

Please visit www.sdlegislature.gov to see our summer schedule. Remember, you can take part in the scheduled meetings. Just contact the Legislative Research Council office at (605) 773-3251. Your input in o these and any other issues of concern is appreciated.  

You can also email me at Steven.Haugaard@sdlegislature.gov. Please go to the Legislative Research Council’s website to listen to any of the recorded meetings and to see the latest news from the Legislature. I look forward to hearing from you.