South Dakota Senate Pushes Permissive Medical Pot Law, Defying Governor

South Dakota Gov. Kristi Noem’s push to scale back a voter-approved measure to legalize medical marijuana was left clinging to life on March 10 after Republican senators defied her.

The issue of implementing a medical marijuana program, which voters approved with 70% of the vote in November, has hung over lawmakers the entire legislative session. But with just two days left to make key decisions on the pot program, the House, Senate and governor were in a standoff. However, it appeared the senate’s decision to defy the governor’s plan will ensure that the state’s prohibitions on marijuana will end in some form on July 1, though what the final law looks like is still in doubt.

The Senate passed a proposal with key deviations from Noem’s plan, which aimed to delay legalization until next year. Notably, it decriminalized possession of small amounts of pot for all adults starting July 1 and protected medical users’ ability to possess up to three ounces (85 grams).

That forced a choice upon the governor and her allies in the House: Accept the senate’s proposal or reject the bill, allowing the medical marijuana program to go into effect July 1.

The Senate’s plan, besides allowing people over 21 to possess up to 1 ounce (28 grams) and consume it in private residences, would have ended the state’s ability to charge people with felonies if marijuana was detected in their system and delayed the roll-out of the medical marijuana system by six months.

Sen. Blake Curd, a Republican proponent of the Senate proposal, called it a “reasonable attempt to bridge the gap” between the governor’s desire to take extra months to develop a program and honoring the will of voters.

In an attempt to scuttle the Senate proposal, the governor and House lawmakers made major concessions from her original plan. She had argued that it would take months to properly implement a medical marijuana program, but a six-month delay was scrapped. House lawmakers proposed a compromise to legalize medical marijuana on July 1, but kept caveats that people under 21 could not use it, medical users could only possess one ounce (28 grams) at a time, and people could not cultivate cannabis plants in their homes.

“I was hoping for some time to do it right,” said House Speaker Spencer Gosch, a Republican who had been the main proponent of the governor’s plan to delay the medical marijuana program and set up a committee to study the issue.

But many lawmakers, even those who have said they were personally opposed to marijuana legalization, have recognized they risked running afoul of voters in denying some form of marijuana legalization.

“The people, the public wanted adult-use marijuana, and they wanted medical-use marijuana,” said Republican Rep. Greg Jamison during a House debate on accepting the Senate’s proposal.

Noem, however, has remained adamant in her opposition to recreational pot. Her office spent much of the day putting pressure on lawmakers to turn to her plan. At one point, a hallway of the Capitol echoed with a terse exchange between a senator and the governor’s staff. But a committee of lawmakers tasked with working out a compromise dissolved after less than 20 minutes of debate.

Gosch told the committee, “I think we’re pretty stuck in gridlock and at this particular time I don’t see a path forward.”

Noem’s spokesman Ian Fury declined to discuss the governor’s position on the legislation, saying, “We’re not going to negotiate that through the press.”

Lawmakers have one more day to pass a bill to Noem’s desk. However, she also has the ability to call a special legislative session to have them take up the issue.