House members on the Health and Human Services Committee narrowly defeated proposed legislation, House Bill 1101 , that sought to repeal the state’s voter-approved medical cannabis access program .
Seventy percent of voters approved the law in 2020; the program currently serves more than 13,000 South Dakota patients.
Yet, despite the popularity of the program, legislation spearheaded by Republican lawmaker Travis Ismay and five GOP colleagues sought to repeal it entirely. Specifically, Rep. Ismay called the law a “travesty” and alleged : “The people of South Dakota had this crammed down their throat. … If anyone knew what this law actually said, they would never have voted for this.”
On Tuesday, Committee members voted to table the legislation by a vote of 7 to 6 — killing it for this year.
NORML strongly opposed HB 1101, arguing in a legislative action alert that “elections have consequences” and that lawmakers must respect the will of the voters even in cases where they may personally disagree with their decisions.
South Dakota is one of 39 states that regulates medical cannabis access. No state has ever repealed a medical marijuana law.
NORML’s Deputy Director praised lawmakers’ decision to table the bill, but cautioned that legislators — and Republican lawmakers in particular — are becoming increasingly aggressive in their efforts to set aside voter-approved marijuana legalization laws. He noted that similar bills to significantly roll back voter-approved marijuana laws are currently pending in Ohio , Montana , Nebraska , and elsewhere .
“In a healthy democracy, those with competing visions on public policy vie for voters’ support and abide by their voting decisions. However, it is becoming clear that those who oppose marijuana policy reform would rather take voters out of the equation altogether,” Armentano said. “Whether or not one personally supports or opposes cannabis legalization, these cynical and undemocratic tactics ought to be a cause of deep concern.”
A state-by-state guide to pending marijuana legislation is available from NORML’s Take Action Center .
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