2021 Legislative Summer Study concludes

As the 2021 legislative session came to a close, I was appointed Chair of the Marijuana Summer Study. We met many times over the summer and learned a lot about marijuana, both its benefits, as well as its concerns. As a reminder, South Dakota voters legalized medical marijuana through an initiated measure, and adult use (recreational) through a constitutional amendment. Constitutional Amendment A is being challenged, and is currently in the Supreme Court awaiting an opinion on the single topic rule.

Both measures were drafted by marijuana industry members, whose focus of the legislation was on ensuring the success of the industry. Legislators have been split on supporting the will of the voters, versus the responsibilities of advancing the economy of South Dakota and balancing public safety. If the Supreme Court upholds Constitutional Amendment A, the work the summer study did related to adult use will be shelved as the Constitutional Amendment supersedes any legislation. The medical marijuana initiated measure is a statute that the legislators can update as needed. There is a 2022 Initiated Measure on adult use marijuana that is in the signature phase, so this industry continues to use the voters in South Dakota to advance the industry goals.

The conclusion of the summer study resulted in legislative language for adult use in case the Supreme Court votes down Amendment A. My focus as chair of the summer study, was to bring some adult use language to begin the legislative session with a reasonable starting point. Most of the major Amendment A concepts are included in these summer study concluded bills.

The medical marijuana recommended bills focused around public safety, rights for schools, landlords, and employers, laws around medical cards, and local governmental control on dispensaries. Now that the summer study is complete, these passed recommendations will become introduced legislation at the next legislative session for legislators to consider.

Now to my other legislative responsibilities as an appropriator, we continue to meet most months and recently completed the East River and West River appropriations tours of areas of the state that received or are seeking state appropriations. We have an awesome state that is advancing in so many diverse areas! I am proud to be a resident of South Dakota!

Next up is the Special Legislative Session to hopefully finalize the every ten year following the census legislative re-districting process, and to address the Attorney General impeachment process.

With all of the work that will be needed this year in appropriations due to the resolution of the CARES Act, the American Rescue Plan Act (ARPA), and some pending new national infrastructure legislation, appropria- tions are planning to meet a full week prior to the formal legislative session beginning in early 2022, so that we can devote the necessary time to the many appropriations responsibilities this next session.

As always, I can be reached at bryan.breitling @sdlegislature.gov. I look forward to continued conversations.