South Dakota Attorney General Marty Jackley has released an explanation for the proposed repeal of the state’s Medical Marijuana Program. The repeal, if passed, would make all possession, use, cultivation, sale, and manufacture of marijuana and marijuana products a crime.
The proposed initiated measure was put forth by Travis Ismay of Newell, and it seeks to overturn the state’s medical marijuana program that was approved by voters in the 2020 general election. In order for the measure to appear on the 2024 general ballot, it would need to gather 17,509 valid petition signatures and be approved by the South Dakota Secretary of State’s Office. The majority of votes cast in the general election would then be required for the measure to pass.
Attorney General Marty Jackley emphasized that he does not take a position on the proposed measure, as it is his duty to provide a fair and neutral explanation to assist voters. The Attorney General’s Office drafted the ballot explanation after reviewing all the comments received during the 10-day comment period. A total of 48 comments were received.
State law mandates that the Attorney General provide a title and explanation for each proposed measure, amendment, or referred measure that may appear on an election ballot. The purpose of the explanation is to educate voters on the measure’s purpose and effect, as well as the legal consequences of its enactment.
The public is encouraged to provide written comments on the draft explanation within 10 days of its filing. Comments can be submitted via mail, hand delivery, or email. The Attorney General’s Office will not open email attachments to prevent digital threats, so comments should be clearly expressed in the body of the email. The deadline for comments is August 6, 2023.
The final explanation, incorporating any necessary revisions based on public comments, is due to the Secretary of State on August 16, 2023. If the proposed initiated measure garners enough petition signatures and makes it onto the 2024 general ballot, the voters will ultimately decide the fate of South Dakota’s Medical Marijuana Program.
