In the final weeks of signature collection, New Approach South Dakota is pushing forward to reach their goal. Two petitions are being circulated — one petition seeks to legalize marijuana for medical uses and the other to legalize certain amounts of marijuana for adult use and to regulate and tax marijuana establishments.

These ballot measures are of critical importance since the South Dakota Legislature has only taken a symbolic step toward patient access. A bill passed during the last session would hypothetically allow patients access to CBD oil, but the law includes a requirement that any recommended CBD oil be approved by the Food and Drug Administration, which would indefinitely curtail access to the oil in South Dakota.

Furthermore, South Dakota’s marijuana possession laws may be the nation’s harshest. Specifically, individuals who have consumed marijuana elsewhere are subject to penalty if they test positive for past use — even if they consumed marijuana in a state where it was legal!

November 6 is the date to submit signed petitions, so if you haven’t added your signature, there is still a bit of time left! Check out New Approach South Dakota’s Facebook page for most up-to-date information on signing locations and events!

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Last week, the South Dakota State Senate passed Senate Bill 95, which would remove cannabidiol, or CBD oil, from the definition of marijuana and make it a Schedule IV controlled substance under state law. However, the bill included a requirement that CBD oil be approved by the Food and Drug Administration, which would indefinitely curtail access to CBD oil in South Dakota.

On March 2, the House Health and Human Services Committee approved SB 95 by a vote of 7-3 and added an amendment eliminating prior FDA approval with the goal of increasing access for patients. MPP is closely monitoring SB 95 for potential problems, since pharmaceutical companies and their lobbyists are pushing the South Dakota Legislature to keep the FDA approval requirement in the bill.

Additionally, Senate Bill 129 was introduced with a total of 15 sponsors. This legislation would revise the penalty for ingestion of marijuana, which would undo South Dakota's uniquely severe law of criminalizing internal possession. However, the sponsors have unambiguously stated this is not a first step toward legalizing marijuana. Nonetheless, if enacted, this bill demonstrates a step toward reasonable regulatory laws relating to possession.

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