“An Initiated Measure Repealing South Dakota’s Medical Marijuana Program” Clear Violation of Statute

On September 7, 2023, a petition filed to repeal South Dakota’s medical cannabis law was approved by the South Dakota Secretary of State. The initiative titled, “An Initiated Measure Repealing South Dakota’s Medical Marijuana Program,” clearly violated South Dakota statute.

The phrase “See Exhibit A for the 95 sections that will be repealed,” on the petition violates SDCL 2-1-1.2, which requires all petitions “Contain the full text of the initiated measure in fourteen point font.” 

This violation was brought to the attention of the Secretary of State’s office by Matthew Schweich in his capacity as Executive Director for South Dakotans for Better Marijuana Laws (SDBML). On September 20, 2023, Schweich sent a letter to the Secretary of State explaining the error made by the Secretary of State’s office and asking that the law be upheld. His request was denied.

Similarly to SDBML, the VDA believes that the laws of the state’s initiative process should be applied consistently to all South Dakotans. Failure by the Secretary of State’s office to remedy the filed petition creates a precedent for future petitions to also violate SDCL 2-1-1.2.

The VDA understands that SDCL 2-1-1.2 burdens the initiative process, especially for someone wanting to repeal 95 sections of the law. However, SDCL 2-1-1.2 is the law, and the initiative’s sponsor and the Secretary of State should either uphold the law or make efforts to amend it, not ignore it. 

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