A legislative effort to repeal South Dakota’s voter-approved medical marijuana program fell short in committee.
Medicinal cannabis was approved by South Dakota voters on a wide mandate in 2020 with Initiated Measure 26, which passed nearly with nearly 70% support.
The bill, which would essentially gut the state medical marijuana system, was brought by Newell Republican Rep. Travis Ismay, who claimed the state’s current system is effectively full legalization – a sentiment flatly rejected by medical marijuana advocates.
“I’m sure many of you are asking yourself, ‘why would you do this? It was the will of the people.‘ Well, quite frankly, we need to get something cleared up," Ismay said. "We need to know the difference between medical and recreational marijuana.”
In that same 2020 election, recreational marijuana was approved by voters, though that result was thrown out by the state Supreme Court on a technicality. Since then, two recreational bills failed in the 2022 and 2024 elections.
During testimony in the House Health and Human Services Committee, medical marijuana advocates questioned some of the assertions brought by the bill's supporters. That included a claim that state law mandates every community must host a dispensary. The actual law requires communities to be willing offer a license, but does not mandate the presence of a dispensary.
Ultimately, arguments from outside the cannabis lobby proved most impactful to the board. Terra Larson represents the South Dakota Association of Criminal Defense Lawyers.
“There’s been extensive discussion about when this new prison is built, it’s going to be 90% full," Larson said. "If we add theoretically 11,000 new felons, where are we going to put them?”
Sioux Falls Republican Rep. Taylor Rehfeldt, who introduced the motion to kill the bill, said she can’t in good conscious ignore the mandate of South Dakotans.
“I understand you have some concerns about the way the medical marijuana program is composed and my suggestion would be to go to the IM 26 oversight committee, which has made several changes over the years and attempts to really compromise and make things better for all parties," Rehfeldt said. "There is an ability for all parties to come to the table, but this is just too extreme.”
That motion was successful on a 7-6 vote.