SD: Marijuana Advocates Hope To Blaze Effective Path To Legalization

Katelyn Baker

Well-Known Member
South Dakota marijuana advocates said Wednesday that they're prepared to explore multiple avenues in hopes of blazing an effective path to legalization.

Melissa Mentele, 39, said she plans to submit two ballot measures to the attorney general's office this month and is also ready to fight for legalization in the state Legislature. Mentele, of Emery, said she plans to bring two initiatives leading into 2018; one aimed at legalizing cannabis for medical use and a "wild card" aimed at legalizing the drug for recreational use in small doses.

The multi-platform blitz follows a failed effort to get a medical marijuana legalization effort on the ballot in 2016 and a legislative rejection of a proposal to legalize a marijuana derivative for those with severe seizure disorders.

"We had the signatures last time, but we got screwed on a notary error," Mentele said. "It was heartbreaking. So this time we're going to use every avenue available to us."

Supporters will need to gather 13,871 approved signatures to get each measure on the 2018 ballot. And they'll have to win over a super majority Republican Statehouse along with the governor if they hope to pass anything in the Legislature.

But they'll likely face opposition from state law enforcement and medical groups that argue that marijuana could become a gateway drug and that it hasn't undergone enough testing. Not to mention the federal landscape, which appears unlikely to encourage legalization under the Trump administration.

Staci Ackerman, executive director of the South Dakota Sheriff's Association, said the group has watched Colorado and other states have legalized marijuana for recreational or medical use to see what problems they've faced. She said the group likely wouldn't back legalization for full medical or recreational use without a federal law change or guidance from national medical groups.

"It does present a conflict for law enforcement because it comes in conflict with federal law," she said.

Ackerman said the group would consider supporting legislative efforts to legalize cannabidiol, a marijuana derivative that doesn't create a sensation of being high. A 2016 bill aimed at legalizing the derivative commonly called CBD for people with severe seizure disorders passed in the South Dakota Senate, but failed in the House.

Sen. Blake Curd, R-Sioux Falls, said he thought a similar measure would likely emerge during the 2017 session. The Senate Majority Leader said such a bill could have success in his chamber if it was tightly regulated.

Marijuana legalization advocates said they hoped legislators would consider going a step further in allowing South Dakotans with chronic conditions beyond epilepsy access to the drug. They brought a bill in 2016 aimed at legalizing cannabis for medical use, but Curd gutted it to allow possession and use of CBD only for those with certain severe seizure conditions.

Despite the likely opposition, supporters said they were encouraged by the success of eight of nine ballot measures across the country that expanded access to legal marijuana in 2016. At present, 28 states have legalized marijuana for medical use and 16 additional states have approved the use of CBD for those with severe seizure disorders. Seven states and the District of Columbia have approved marijuana for recreational use.

The push to expand legal access to marijuana hasn't translated at the federal level. The drug remains a Class I scheduled drug and the Drug Enforcement Administration said earlier this year that it doesn't plan to make marijuana legal for any purpose.

While federal law trumps state law, the DEA hasn't acted in states that have approved marijuana for medical use or that have legalized small amounts of the drug for recreational use.

President-elect Donald Trump has been skeptical of legalization of the drug and has recently indicated that he hopes to appoint anti-cannabis advocates Sen. Jeff Sessions, R-Ala., as his attorney general and Rep. Tom Price, R-Ga., as Health and Human Services secretary.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana Advocates Hope To Blaze Effective Path To Legalization
Author: Dana Ferguson
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Photo Credit: Joe Ahlquist
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