A cannabis reform group is challenging the Secretary of State for approving a ballot question petition they say violates the law.
The petition in question repeals the state’s medical marijuana program.
Republican Secretary of State Monae Johnson approved the petition for circulation in early September. The petition includes the attorney general’s explanation and the text of the proposed law.
It’s two sentences long. It states the medical cannabis law be repealed and “See Exhibit A for the 95 sections that will be repealed.”
That rankles some pro-cannabis reform groups in the state, because state law requires the petition to contain the full text of the initiated measure.
Matthew Schweich is with South Dakotans for Better Marijuana Laws. He said his concern is driven by a genuine desire for everyone to follow the rules.
“Including rules I don’t agree with. The petition formatting rules, I think, are too strict and could be improved, but those are the rules,” Schweich said. “Given that my side—the pro-cannabis reform side of the debate—has gone out of its way to follow all the rules, including putting the entire initiative text on a petition and driving up the cost of printing.”
Schweich said he’s not heard back from Secretary of State Monae Johnson. He said he’s considering litigation.
"When reviewing ballot measure petitions, our office evaluates relevant statutes, administrative rules, and constitutional law," Rachel Soulek, director of the Division of Elections, said. "After doing the review, our office accepted the Initiated Measure 'Repealing South Dakota's Medical Marijuana Program' petition."
The Secretary of State's office did not share what statutes, administrative rules and constitutional law it used to evaluate its decision.
The law requiring petitions to contain the measure's full text is just over a decade old. It was brought by then-Republican Senator Ried Holien, who is now Watertown’s mayor. While he wouldn't comment on this particular petition, Holien said the intent of his law is for registered voters to have as much information when signing a petition as well as when voting.
In 2020, South Dakota voters approved medical cannabis by 70 percent.
The petition to overturn the state’s medical marijuana law must submit 17,500 valid signatures by May 7 to make the 2024 ballot.
