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Is Kristi Noem Trying to Retract South Dakota Cannabis Legalization…Again?

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Poor South Dakota has some of the worst leadership out there. Case in point, Kristi Noem; who seems to be trying to take away yet another voter-approved cannabis legalization.

South Dakota and cannabis

Before getting into the current story, let’s go through the mess of South Dakota and its cannabis legalization measures; and what has already been taken away. In 2020, South Dakota made history by passing two cannabis legalization measures via voter ballot. One for medical, and one for recreational.

Measure 26, a medical legalization law, passed with 70% of voters saying yes. Amendment A, a ballot to institute an adult-use recreational market, also passed with 54% giving it a yes vote. South Dakota was the first state to pass a medical and recreational bill at the same time. However, problems started right away; all pushed by governor, Kristi Noem.

Noem didn’t do everything directly. Instead, she backhandedly conspired with local law enforcement officers Superintendent Rick Miller and Sheriff Kevin Thom. They were the ones that filed a lawsuit to invalidate the recreational win, by saying it broke the single-subject ballot rule. This rule indicates a ballot measure cannot cover more than one topic. Of course, this is automatically strange, as the state supreme court had to approve the language of this (and any) ballot measure, in order to get it onto the ballot. Meaning it was approved before the vote.

South Dakota voted in medical and recreational cannabis
South Dakota voted in medical and recreational cannabis

The conspiracy between the three was made public on January 8th 2021, when Noem filed an executive order to repeal the recreational win; which made it pretty clear this was all at her behest. Noem had worked hard to keep these measures off the ballot, so this move was in line with her stated opinion of not wanting legal weed in any capacity.

She must have forgotten that a voter ballot isn’t about her opinion. In the end, presiding judge for the case Christina Klinger, ruled in favor of Noem. Klinger had been appointed to her job by Noem earlier. Later in the year, the Supreme Court upheld it, even though arguments against it included that it violated the direct will of the people.

What’s more, Noem didn’t stop with taking away a fairly won voter ballot for recreational weed. She tried to get a bill approved in congress to delay the opening of the medical market for a year later than the enforced date on the ballot, of April 1, 2022. Luckily she did not succeed on this one. Ballot measures are much harder for a legislature to amend since they don’t originate in the legislature. This is likely why she worked to invalidate Amendment A, rather than try to amend it. Basically, the people of the state voted in two measures, and their own governor did everything she could to invalidate their desires.

It gets so weird, that in 2022, South Dakota again held a recreational ballot measure, to make up for the one taken away by its governor. But get this, in a country that only gets more liberal toward weed, and in a state that already passed a legalization measure two years prior (which means two further years of liberalization on this front), somehow, this one didn’t pass. Perhaps Kristi Noem at it again? Working to make sure South Dakotans don’t get a fair legalization…?

Current news on South Dakota and cannabis

The news coming out of South Dakota now, isn’t directly related to Kristi Noem. But, its also really good to remember that when she worked to take away the recreational legalization, she did it quite backhandedly, going through law enforcement, and having them make the official move. So, it suffices to say that its not that out-of-bounds to think that a new policy attempt to remove the medical legalization, is simply Noem at it again.

This time around, the person officially pushing for the retraction, is activist Travis Ismay. Not a member of law enforcement or the legislature. And a guy who brazenly and publicly responded to a country commissioner who explained how medical cannabis helped his dying mother, with the line that he ‘doesn’t care’.

Medical cannabis in jeopardy in South Dakota
Medical cannabis in jeopardy in South Dakota

He also, apparently, defended an email with jokes about a clan lynching in his home of Butte Country. His argument against medical cannabis? It might lead to meth… or some crazy nonsense like that. I expect the guy stands by what he says, I also expect he made a great patsy for Kristi Noem; who has been working to take away voter-won cannabis rights since they were won.

Anyway, Ismay filed a petition to get the medical legalization repealed. And he didn’t stop there. This non-politician is also trying to keep future cannabis measures from entering voter ballots. As in, this private citizen wants to take it upon himself to ensure that other private citizens of his state, don’t get their voices heard. Ismay filed this paperwork back in May.

Shockingly (or not, in this state), attorney general Marty Jackley released a summary of the ballot, indicating that if Ismay collects the necessary 17,509 validated signatures, that the measure can be voted on. Luckily this is unlikely, as 70% did pass the original measure back in 2020. However, in a state where legislators and law enforcement continuously stamp on the rights of their residents, it also can’t be ruled out.

New efforts for recreational ballot

If Ismay gets his way, he could prevent future ballot measures for legalization in the state, so long as cannabis is illegal federally. Luckily, activist group South Dakotans for Better Marijuana Laws is both working to block Ismay’s attempts; and gearing up for yet another recreational ballot measure in 2024. Unfortunately, it will not be for 2023. It seems Ohio is the only state with a voter ballot this election season; and it was a difficult process in that state too. There was so much push back from the legislature, it took an extra year.

In terms of dealing with Ismay, executive director of South Dakotans for Better Marijuana Laws, Matthew Schweich, wrote to Secretary of State Monae Johnson, saying, as per Marijuana Moment, “We strongly believe that the rules of our state’s initiative process should be applied consistently to all South Dakotans. Therefore, we respectfully recommend that your office take the following action: revoke Ismay’s approved petition and direct him to refile it.”

New ballot measure in motion for 2024
New ballot measure in motion for 2024

Schweich continued that the petition to repeal doesn’t list the statutes meant to be undone; and in place of this, refers to “Exhibit A for the 95 sections that will be repealed.” However, an already existent statute makes clear that any petition must contain “the full text of the initiated measure.”

Explained Schweich, “Our interpretation of this statute is that a reference to additional text, in this case an exhibit, is not permissible. And even if a reference were permitted, in this instance ‘Exhibit A’ is not included anywhere on the petition. Furthermore, ‘Exhibit A’ is never defined in any previous initiative-related filing by Ismay with your office, the South Dakota Legislative Research Council, or the South Dakota attorney general.”

As of right now, South Dakota has 11,500 medical cannabis card holders. The expected number by 2024, wast 6,000; which shows medical cannabis is more popular than what the state predicted. By almost double. A retraction of the medical cannabis law would mean leaving these people who just won the right to have their medicine; completely without it. Talk about a state that really looks after its people! I guess Kristi Noem probably prefers that people take opioids. Or perhaps whatever opioid alternative is made by Sanford Health, her biggest contributor from 2009-2018.

Conclusion

Should South Dakota residents be afraid of losing their medical cannabis legalization? You’d think the answer would be a clear ‘no’ with a voter ballot that passed with 70% of the vote in 2020, and nearly twice as many medical patients as expected already enrolled. But in a state like South Dakota, this cannot be said for sure; as the governance has repeatedly gone out of its way, to trample on the well won rights of its people.

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Cannabis

Can Marijuana Give A Break From All The Drama

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It is a summer of political news, students protests, family gathering and just every day drama – can marijuana help with a temporary break?

This summer will be filled with ongoing political news as the presidential election is in the fall. Add oversees wars and campus protests and conversations with some people could be fraught with drama. And summer is the time of family gatherings, birthdays, weddings or a 4th of July picnic, it can be stressful. Can marijuana give a break from all the drama. The answer is heck yes! And you will feel better than overindulging in booze.

RELATED: Beer Sales Flatten Thanks To Marijuana

While taking a break, breathing, or going for a walk can help, sometimes you get overwhelmed. Avoiding putting yourself in these situations by reducing your news and social media input, putting boundaries around certain people and other healthy habits are import, a quick, easy solution is needed in some situations. Cannabis can provide a temporary relief as it is a proven help against anxiety. To use this tool, there are a few things to know and also not to be over reliant on it as a solution.

Photo by Anton Petrus/Getty Images

Part of the way marijuana chills you out with the active cannabinoid THC. It acts through cannabinoid receptors which activates the brain’s reward system. These includes regions that govern the response to healthy pleasurable behaviors.  It also adjusts perception of time, which is what makes movies and music sound better as it allows you to stop and really absorb the moment.

The younger generation has taken advantage of consumption methods to have marijuana on-the-go.  Vaping is the second, and trends show soon to be first, most popular method of use.  Like gummies (the third most popular way to consume), it is easy, discreet and portable for those with an active lifestyle. You can also manage dosing so you are not too high or suddenly have couch lock.

Done right, a high, even a moderate one, can last 2-10 hours.  Smoking a joint provides the quickest and most powerful, while a gummy takes 30-45 minutes to kick it, but it is much easier to manage the dosage. Vaping is a way to maintain a steady chill.

RELATED: 8 Ways to Enjoy Marijuana Without Smoking It

One good thing about taking a “time out” and breathing from the drama, it is a better on our mental and physical health.

One recent survey discovered

  • 1 in 5 had lost sleep over politics
  • 20 percent reported feeling fatigued because of political news
  • 29 percent reported losing their temper over politics
  • One quarter said they felt hateful toward those with opposing political views
  • More than 20 percent have had political disagreements damage their friendships

However you do it, be mindful of where you are and make sure you don’t let outside forces squash you happiness and enjoyment of each day.



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BDSA

Consumer Spending Validates Marijuana Rescheduling

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It is a historic move for a country which had prohibition, but consumers are using their wallets to show they support it,

Culture wars have been an American tradition – from the battle over TicTok to the alcohol prohibition in the 1920s. It was said the only thing to come out of the anti-liquor period was it taught good citizens how to break the law.  But in general, if the public wants it, the public will have it, legal or not. The perfect is example is the Pornhub ban in Utah and Texas, which has sent VPN sign ups sky high. And consumer spending validates marijuana rescheduling in a major way.

RELATED: Beer Sales Flatten Thanks To Marijuana

Some politicians and leaders believe in the nanny state option.  Those include a few governors lead by Ron DeSantis, Mitch McConnell, and a few other special interest groups.  But the Biden’s administration’s decision to reschedule cannabis lines up with public opinion. Over 85% believe it should legal in some form, and more importantly, they are putting their money toward what they want.  Leading analyst firm, BDSA, shared the public’s spending habit’s match their thoughts on rescheduling.

Photo by Anton Petrus/Getty Images

Following the tradition, cannabis sales moved higher again this year. Sales on 20 April 2024 sales were $167M, a 33% increase over the previous year.  Trends like California sober are going strong and Gen Z continues to move away from alcohol and move toward marijuana vapes and gummies. Lifestyle habits are starting to adjust slightly away from alcohol and more low alcohol drinks, mocktails, and cannabis eat away at the traditional market.  Alcohol is much rougher on the body, so many are opting for a semi-healthier option.

It is a benefit for fully recreational states as even Missouri makes significant tax income on cannabis. Most governors are on board with rescheduling at it is not only the public’s will, but it helps the state’s coffers and actually helps in other areas. Even New York State, with over 1,500 non tax paying illicit stores making money, made some income.  They have less than 100 licensed dispensaries generating over $175 million.

RELATED: How To Microdose Marijuana

On an interesting sidebar, like holidays, there are some holidays where cannabis use is up. Here are the largest for 2023

  1. 420
  2. Green Wednesday
  3. Black Friday
  4. St Patrick’s Day
  5. Veteran’s Day

In comparison, alcohol’s largest days are:

  1. New Year’s Eve
  2. St. Patrick’s Day
  3. July 4th
  4. Day Before Thanksgiving/ Blackout Wednesday/ Drinksgiving
  5. Black Friday

Let’s see how the next 12 months works for the industry, the government and the public.

 



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Biden

Cannabis Rescheduling Takes The Next Steps

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The Biden administration’s marijuana rescheduling takes the next step

The Department of Justice is moving marijuana rescheduling to the next step. The administration has proposed moving the drug from Schedule I, a strict classification including drugs like heroin, to Schedule III, which is more on the level of Tylenol. It also marks the federal government acknowledgement the plants medical benefits. The industry will watch over the next few months as the process of moving it forward grinds ahead.

RELATED: Americans Want It, Some Politicians Prefer a Nanny State

President Joe Biden announced move on his official account on X (formerly known as Twitter.  In a video Biden shared “This is monumental, It’s an important move towards reversing long-standing inequities. … Far too many lives have been upended because of a failed approach to marijuana, and I’m committed to righting those wrongs. You have my word on it.”

Vice President Kamala Harris also released a video Thursday, hailing the progress. It seems she has progressed in her position over the last 5 years.

Official White House Photo by Andrea Hanks

A key part of the next step is a 60-day comment period. This will allow any and all parties to provide information, opinion, support or random thoughts. Already a group of GOP Senators want to either slow or stop the process. Senator Mitt Romney (R-UT) has started leading an effort to stall the plan if not outright stop it. They are going against the general public opinion with 85%+ believe it should be legal in some form.

The Drug Enforcement Agency is not 100% on board and there are still hurdles to rescheduling. After the comment person, there could be a review from an administrative judge, which could be a drawn-out process.  The total process can take from 3 months to a year, although it is unlikely the issue will not be resolved before the election.

RELATED: California or New York, Which Has The Biggest Marijuana Mess

Considering the stance of the federal government, Senator Mitch McConnell, and certain other opponents, the road is still going to be a bit bumpy.  The industry, in an awkward growth mood, is in need of the government not to be a hindrance.  But only time will tell.



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