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HB 1100: Noem and Legislature Put Off Enacting Medical Marijuana for One Year

Making clear that they have no intention of respecting the will of the voters, not to mention that the initiative process is insufficient to check the excesses of an overbearing one-party state government, Governor Kristi Noem and the Legislature are planning to delay the implementation of Initiated Measure 26, the medical marijuana law 70% of voters approved in November. South Dakotans said they’re ready for medical marijuana, but the Snow Queen says no, you silly voters, you’re not:

“We are working diligently to get IM 26 implemented safely and correctly,” said Governor Kristi Noem. “The feasibility of getting this program up and running well will take additional time. I am thankful to our legislative leaders for helping make sure that we do this right.”

The plan would add a year of additional flexibility on the implementation timeline and create an interim committee to meet and recommend solutions before next legislative session.

The state of South Dakota has consulted with industry experts Cannabis Public Policy Consulting (CPPC). CPPC has not seen a successful implementation of a medicinal marijuana program in just 8 months, the timeframe IM 26 currently requires. Some states take more than two years for successful implementation. To address this, the implementation plan adds additional flexibility to the timeline. This will allow the State of South Dakota to address several policy concerns and additional rules regarding IM 26 [Gov. Kristi Noem, press release, 2021.02.11].

Responding to the Snow Queen’s wishes, Representative Spencer Gosch (R-23/Glenham) is stuffing one of his hoghouse vehicle bills, House Bill 1100, with an amendment to delay and dismantle Initiated Measure 26.

Now keep in mind, had IM 26 passed in 2016, it would have taken effect almost immediately, right after the final official canvass of the votes eight days after the election. But in 2017, the Legislature passed 2017 SB 59 to delay the enactment of voter-approved initiatives by seven and a half months, until July 1 of the following year. The Legislature had no evidence that, in over a century of passing initiatives, South Dakotans had had any difficulty enacting those laws the same month they were approved. Even since passage of 2017 SB 59, Republicans have demonstrated they have no problem with hurrying initiatives they like into effect within a month of the popular vote. The Legislature just wanted one more opportunity to insert itself into and sabotage the initiative process. Delaying enactment until July 1 was a plain power grab, allowing the Legislature to meet in full, regular Session and amend or repeal initiatives at its leisure, before they take effect.

2021 House Bill 1100 shows the full, nasty effect of the Legislature’s specious delay of initiative enactment. HB 1100 prefaces its attack on our expressed popular will with a bluster of “findings” that go well beyond the Governor’s claim that we just need time to properly implement medical marijuana. HB 1100 invokes Amendment A, which Governor Noem’s lawyers got Governor Noem’s Sixth Circuit appointee Judge Christine Klinger to overturn Monday, as a source of regulatory uncertainty that prevents proper enactment of IM 26. HB 1100 invokes the coronavirus pandemic, which hasn’t been bad enough get the Governor to stop traveling across the country and wear a mask, as a pressing crisis that prevents the Department of Health from turning its attention to proper implementation of IM 26. HB 1100 invokes the continued federal prohibition on marijuana as a reason South Dakota can’t act on IM 26… even as the same Legislature considers multiple bills that declare South Dakota can ignore federal laws and Presidential orders.

Then HB 1100 goes to work rewriting Initiative Measure 26:

  • Section 2 through 5 delay enactment of all IM 26 provisions by at least a year.
  • Section 6 delays indefinitely implementation of a policy allowing registered students to take their cannabis-derived medicine at school.
  • Section 7 empanels an interim marijuana committee, with members to be picked the Republican Governor, the Republican Speaker of the House, the Republican Senate President Pro-Tem, and the Republican Attorney General.
  • Section 8 authorizes the interim marijuana committee to research and evaluate marijuana policies and recommend legislation for the 2022 Session, during which the Legislature will get another crack at really tearing apart Initiated Measure 22.

Death by delay—that’s what the Legislature intended in 2017 when it moved enactment of initiatives from November to July. Death by delay—that’s now what the Governor and the Legislature get to do to Initiated Measure 26. No pot this year, recreational or medical, and no pot ever… at least not until the Republicans and their business friends figure out how to corner the market and keep any marijuana entrepreneurs corralled in their one-party regime.


  1. grudznick 2021-02-10 20:08

    Who could have thunk this would happen? Not grudznick or my close personal friend Bob! This is probably for the better, although the fiends will gnash their teeth and lash about.

  2. RST Tribal Member at 57572 2021-02-10 20:12

    When will we ever learn? November 2022?

  3. John 2021-02-10 20:35

    Nothing surprises me in this regressive, corrupt one-party state.
    It’s my wish that someone well-healed brings a valid subscription in the state and challenges this gubernatorial and legislative nonsense in the state Supreme Court. (Though I lack faith in the one-party politicians in robes would do the right thing.)
    It’s my wish the US Congress remove cannabis from the schedule of drugs and de-criminalize the possession of small amounts – this year.
    Watching the SD legislative regressive Boomers deal with the 21st Century is humorous, were it not tragic. No one ever died from a cannabis overdose. Most medicinal and recreational users do not “smoke”. Smoking is a Boomer reference. It would take less than a month to adopt a legal code/scheme established in another state. Tweak it in later years, while assisting with residents immediate health issues. But if you’re a Boomer – everything new is a Boogeyman, a parade of horribles to be feared.
    It takes a special kind of stupid to fear the future.
    “At every crossroads on the path that leads to the future tradition has placed 10 000 men to guard the past.” – Maurice Maeterlinck
    Maeterlinck had no idea that most of the 10,000 were in South Dakota.

  4. happy camper 2021-02-10 21:16

    Just more Big Sister Kristi. She has her Trump supporters, for now, but South Dakota will get tired of her. Too much diva, self-entitled, aging beauty queen goin on to last for long.

  5. Scott 2021-02-10 21:30

    If our legislator’s were not brainwashed, they would immediately put an end to Noem’s routine out of state trips so she would have time to actually be the governor. 1st thing they should do is stop providing security for her once she leave the state. If she wants to conduct business, do it like all of us have been doing for the last year, via skype, teams, etc.

    South Dakotans are really looking stupid throughout the US.

  6. jerry 2021-02-10 23:03

    The more we see of the impeachment of her daddy, the worse it looks for the sedition queen and her legislators, looking at you Liz May.

  7. SD is 20 per cent nonwhite 2021-02-11 06:47

    “regressive corrupt one party state”. So true!

    Fix it with the Blue Wave!

    Another 20 000 to 30 000 votes consistently for Democrats will change State Government!

    Look at the truth! In 1978, there were more registered Democrats in the South Dakota than Republicans! Yet who won the Governors race that year! We don’t need ‘Dixiecats’ Who vote R ! Or the blue dogs, I love guns types. Democrats should always vote Blue, and not Insurrectionist.

    Also, words are VERY powerful! Using the word “queen “ referring to Noem is 100% inappropriate! There are probably 100s of 1000s of queens in this state, entirely deserving of the title, not Noem! (A beauty contest win earlier in life does not qualify her!). Defying the votes of the people on referendums, standing for several hundred thousand corona virus infections instead of spirited fight like Taiwan or New Zealand, she is impeachable for malfeasance.

    Build the Blue Wave!

    Complaining and bitching is easy and cheap!

    Recruiting and supporting New Blue Wave voters for 2022 and beyond is GOLDEN!

    2022, we’re either going to Blue Wave the State, or we aren’t.

    Blue Wave is prospering everyone in the State and electing a majority of Democrats from 2022 to 2100! Dream big! Plan big! Write a plan! Stay positive! Build today and build forever!

  8. SD is 20 per cent nonwhite 2021-02-11 06:55

    Read the Preamble and Platform of the Democratic Party of the Virgin Islands! They are stunningly for prospering all of the Virgin Islands!


    We can Ultra Prosper the whole state Better than the bankers and realtors!
    Our Blue Wave is the ultra prospering of everyone!

  9. Cory Allen Heidelberger Post author | 2021-02-11 07:19

    Notice the clever hostage-taking in HB 1100: Noem and Gosch argue that Amendment A would contradict the regulatory scheme proposed in IM 26. If Amendment A takes effect, it negates part of IM 26. The state claims that since Amendment A’s proponents (who were also IM 26’s proponents) are likely to appeal Monday’s circuit court ruling against Amendment A, the legal uncertainty remains and we cannot responsibly implement IM 26.

    Translation: if you potheads prolong the litigation on Amendment A, you prolong the delay on IM 26. Surrender on Amendment A, and we might be able to put IM 26 into effect sooner.

  10. Bob Newland 2021-02-11 10:06

    Does anyone see parallels between the Noem regime and that of the generals in Myanmar?

  11. Karen 2021-02-11 18:03

    I thanked my legislator (Tim Goodwin) for creating so many issues for democrats or moderate republicans to run on in 2022. Transparency, marijuana, now there is something about dark money – letting nonprofits donate anonymously or some such thing.

  12. SD is 20 per cent nonwhite 2021-02-11 21:24

    Noem is not a Queen. Impeach! And remove.

  13. leslie 2021-02-12 02:13

    Kristi’s mentor, Trump the pig, is shown on 1.06.21 at 2 p.m.-ish, blatantly flashing the same white supremacy hand sign to the audience, the last 3 fingers, as the dozens if not hundreds of Proud Boys are flashing en mass at the same event on the Elipse.

    Why would ANYONE in SD expect any form of leadership from her?

  14. leslie 2021-02-12 02:15

    1 p.m.

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