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South Dakota Adult-Use Bill Defeated; Ballot Measure’s Weight Amplifies

A House committee voted down the Senate-approved legislation, meaning a citizen-led initiative is the most likely route to legalization in 2022.

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As 54.2% of South Dakota voters are still waiting on their 2020 ballots to sway public cannabis policy, state lawmakers have indicated adult-use legalization isn’t high on their priority list.

South Dakota House State Affairs Committee members voted 8-3 on Feb. 28 to delay consideration of Senate Bill 3 to March 29—one day after the state Legislature’s 2022 session ends—essentially killing the adult-use legalization effort for all intended purposes.

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The legislation, which passed the Senate via an 18-17 vote last week, aims to legalize up to 1 ounce of cannabis for those 21 and older.

RELATED: South Dakota Senate Clears Adult-Use Bill by Slimmest Margin

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Although the bill is unlikely to progress in the House this year, advocacy group South Dakotans for Better Marijuana Laws (SDBML) released a statement on social media that said there’s still a chance.

“S.B. 3 was just defeated in the SD House State Affairs Committee in an 8-3 vote that demonstrates the political establishment’s disdain for the will of the people,” SDBML officials said in the statement. “But this fight is not over. A group of 24 state representatives can still force a bill to the floor of the House (this is called a "smokeout"). We will keep working to pass legalization until the very end of the session.”

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Among 70 members of the South Dakota House, six Republicans and two Democrats sponsor S.B. 3.

SDBML sponsored voter-approved Amendment A, the 2020 ballot measure that was struck down by a circuit court judge on the basis of the state’s single-subject rule. The South Dakota Supreme Court upheld that decision in November 2021.

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SDBML campaign director Matthew Schweich previously told Cannabis Business Times the group would suspend its 2022 ballot initiative should legislation to legalize adult-use cannabis become law in the state.

Until then, SDBML will continue collecting signatures and advocating through the initiative process, he said.

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