ELECTION 2020 | BALLOT MEASURES
On November 3, South Dakota voters will decide the fate of the following ballot issues. Be an informed voter!
On November 3, South Dakota voters will decide the fate of the following ballot issues. Be an informed voter!
CONSTITUTIONAL AMENDMENT A
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Our View: Recreational marijuana does not belong in South Dakota’s constitution and it remains illegal under federal law. Legalizing recreational marijuana will hurt our workforce, lead to increased use by young people, and fail to produce the revenue windfall some have promised.
If Amendment A passes, the only way to correct any flaws would be to put it back on the ballot for another public vote in two years. The proposed amendment would add 15 new sections to our state’s foundational document; many of its provisions have real potential for unintended consequences, which could not be fixed by the legislature. Many businesses are struggling to find workers due to failed drug tests; Amendment A will only exacerbate this situation. Since being legalized in Colorado, marijuana usage for ages 12 and older has increased 58 percent, putting young people at risk. And the social problems and tax burdens of treating addiction offset any revenues.
We encourage a NO VOTE on Amendment A.
If Amendment A passes, the only way to correct any flaws would be to put it back on the ballot for another public vote in two years. The proposed amendment would add 15 new sections to our state’s foundational document; many of its provisions have real potential for unintended consequences, which could not be fixed by the legislature. Many businesses are struggling to find workers due to failed drug tests; Amendment A will only exacerbate this situation. Since being legalized in Colorado, marijuana usage for ages 12 and older has increased 58 percent, putting young people at risk. And the social problems and tax burdens of treating addiction offset any revenues.
We encourage a NO VOTE on Amendment A.
Attorney General Explanation: This constitutional amendment legalizes the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess or distribute one ounce or less of marijuana. Marijuana plants and marijuana produced from those plants may also be possessed under certain conditions.
The amendment authorizes the State Department of Revenue ("Department") to issue marijuana-related licenses for commercial cultivators and manufacturers, testing facilities, wholesalers, and retailers. Local governments may regulate or ban the establishment of licensees within their jurisdictions.
The Department must enact rules to implement and enforce this amendment. The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp.
The amendment imposes a 15% tax on marijuana sales. The tax revenue will be used for the Department's costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund.
Judicial clarification of the amendment may be necessary. The amendment legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law.
The amendment authorizes the State Department of Revenue ("Department") to issue marijuana-related licenses for commercial cultivators and manufacturers, testing facilities, wholesalers, and retailers. Local governments may regulate or ban the establishment of licensees within their jurisdictions.
The Department must enact rules to implement and enforce this amendment. The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp.
The amendment imposes a 15% tax on marijuana sales. The tax revenue will be used for the Department's costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund.
Judicial clarification of the amendment may be necessary. The amendment legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law.
INITIATED MEASURE 26
An initiated measure to legalize marijuana for medical use.
Our View: Unlike Amendment A, IM-26 pertains to medical marijuana (not recreational) and would be placed in statute (not the constitution). Although it would add 95 new statutory sections, any unintended consequences could be addressed by the legislature.
The South Dakota Retailers Association is NEUTRAL on IM-26.
Attorney General Explanation: This measure legalizes medical use of marijuana by qualifying patients, including minors. "Medical use" includes the use, delivery, manufacture-and for State residents, cultivation-of marijuana and marijuana-based products to treat or alleviate debilitating medical conditions certified by the patients' practitioners.
South Dakota patients must obtain a registration card from the State Department of Health. Non-residents may use out-of-state registration cards. Patients may designate caregivers to assist their use of marijuana; the caregivers must register with the Department.
Cardholders may possess 3 ounces of marijuana and additional amounts of marijuana products. Additionally, if a resident cardholder is allowed to grow marijuana plants the cardholder may possess a minimum of 3 plants, as well as marijuana and products made from those plants.
The measure legalizes marijuana testing, manufacturing, and cultivation facilities, as well as marijuana dispensaries. These establishments must register with the Department.
The measure legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law. The measure limits State and local law enforcement's ability to assist Federal law enforcement authorities.
The 95-section measure contains numerous other provisions not described here. It will likely require judicial or legislative clarification.
The South Dakota Retailers Association is NEUTRAL on IM-26.
Attorney General Explanation: This measure legalizes medical use of marijuana by qualifying patients, including minors. "Medical use" includes the use, delivery, manufacture-and for State residents, cultivation-of marijuana and marijuana-based products to treat or alleviate debilitating medical conditions certified by the patients' practitioners.
South Dakota patients must obtain a registration card from the State Department of Health. Non-residents may use out-of-state registration cards. Patients may designate caregivers to assist their use of marijuana; the caregivers must register with the Department.
Cardholders may possess 3 ounces of marijuana and additional amounts of marijuana products. Additionally, if a resident cardholder is allowed to grow marijuana plants the cardholder may possess a minimum of 3 plants, as well as marijuana and products made from those plants.
The measure legalizes marijuana testing, manufacturing, and cultivation facilities, as well as marijuana dispensaries. These establishments must register with the Department.
The measure legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law. The measure limits State and local law enforcement's ability to assist Federal law enforcement authorities.
The 95-section measure contains numerous other provisions not described here. It will likely require judicial or legislative clarification.
CONSTITUTIONAL AMENDMENT B
An amendment to the South Dakota Constitution authorizing the Legislature to allow sports wagering in Deadwood.
Our View: Sports betting is already widespread, even though it is not expressly authorized in South Dakota’s constitution. This amendment would allow “wagering on sporting events” within the city limits of Deadwood, potentially providing a revenue source for businesses who are currently seeing South Dakotans go to nearby states to bet on sports. If it passes, complex legislation would be needed to implement it - or to establish parameters.
We encourage a YES VOTE on Amendment B.
Attorney General Explanation: The constitution currently authorizes the Legislature to allow certain types of gaming in the City of Deadwood: roulette, keno, craps, limited card games, and slot machines. This constitutional, amendment authorizes the Legislature to also include wagering on sporting events as a type of gaming allowed in Deadwood.
Under federal law, any gaming authorized by the Legislature to be offered in Deadwood would also be allowed at on-reservation tribal casinos upon amendments to current tribal gaming compacts.
We encourage a YES VOTE on Amendment B.
Attorney General Explanation: The constitution currently authorizes the Legislature to allow certain types of gaming in the City of Deadwood: roulette, keno, craps, limited card games, and slot machines. This constitutional, amendment authorizes the Legislature to also include wagering on sporting events as a type of gaming allowed in Deadwood.
Under federal law, any gaming authorized by the Legislature to be offered in Deadwood would also be allowed at on-reservation tribal casinos upon amendments to current tribal gaming compacts.
These positions were discussed and decided on by the member-elected South Dakota Retailers Association Board of Directors during the June 2020 Board Meeting. To view the full SDRA board, click here.
