South Dakota legalization bill still pending after House vote to smoke out

By Jelena Martinovic

A bill legalizing marijuana landed on the floor of the South Dakota House just a day after a committee rejected it.

The SB 3, passed by the Senate by an 18-17 vote last week, was brought back for consideration Tuesday by a coalition of 24 members of the South Dakota House, Marijuana Moment reported.

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Lawmakers used a legislative maneuver known as the “smoke out.”

House Speaker Spencer Gosch (R) called on members who want to revive the law to stand up. When enough members stood up, he said “we just smoked a weed bill”.

While activists still haunt the idea of ​​the reform being legislated, they are poised to go to the vote again this November in a scenario where lawmakers don’t act.

“This is an encouraging finding today,” Matthew Schweich, director of South Dakotans for Better Marijuana Laws (SDBML), told Marijuana Moment. “It is clear that members of the South Dakota House of Representatives are listening to their constituents who are demanding that the will of the people be restored.”

The House lawsuit on the Senate-approved legalization bill is expected to take place on Wednesday and would require a simple majority of 36 votes to pass the chamber.

What’s in the bill?

Once the law goes into effect, the law, sponsored by Senator Michael Rohl (R), would allow adults 21 and older to purchase and possess up to an ounce of cannabis from licensed retailers.

The proposal would not allow home-growing, which was based on a voting measure campaigners have been collecting signatures for.

RELATED: South Dakota Senate Greenlights Cannabis Legalization and Deletion Bills

South Dakota voters approved legalization during the 2020 election. However, the reform was nullified by the state Supreme Court following a challenge by the government of Gov. Kristi Noem (R).

According to District Judge Christina Klinger’s February ruling, which the Supreme Court upheld, the initiative violated the requirement that constitutional amendments be single-issue.

Under the new proposal, the state adult use program would be regulated by the state Treasury Department, which will also enact rules related to issues such as transportation and registration.

Local municipalities, on the other hand, might choose to allow cannabis businesses in their jurisdictions.

Additionally, individuals with a prior felony conviction would not be permitted to hold a cannabis business license.

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The mixed messages from Governor Noem

After the Senate approved the measure, signals from Gov. Kristi Noem (R) suggested she could veto the bill if/if lawmakers deliver it to her desk.

She also expressed skepticism about voter support for the reform.

RELATED: South Dakota’s Supreme Strikes Recreational Cannabis Vote, Overturns People’s Will

Many found the governor’s response to a question about whether she would veto the measure confusing: “It’s hard to hypothesize,” she said, adding that she is not in favor of recreational marijuana.

“I still think I haven’t seen anyone get smarter from smoking dope,” Noem said, adding that she’s “supported medical marijuana for years.”

This article originally appeared on Benzinga and has been republished with permission.