Voters to decide pot, Medicaid issues

In addition to electing a governor, a U.S. senator and a U.S. representative in Tuesday’s election, South Dakota voters also have two ballot questions to decide. One initiated measure will decide whether voters want to allow the legalization of recreational marijuana in the state, and there’s also a constitutional amendment on the ballot which, if passed, would expand Medicaid eligibility.
South Dakota voters have seen the cannabis issue before. Amendment A, known as the Marijuana Legislation Initiative, was approved by voters in the 2020 election but was blocked by a circuit judge after several law enforcement officials filed a lawsuit against it. Judge Christina Klinger found in favor of the plaintiffs, ruling that the measure violated the state’s single-subject rule for such measures and revised the constitution rather than amending it. That decision was upheld by the state supreme court on Nov. 24, 2021.
The group that had brought the amendment forward in the first place—South Dakotans for Better Marijuana Laws—went back and gathered more petition signatures to bring the question back in this year’s election.
The 2022 version is Initiated Measure 27, titled on the ballot as “An initiated measure legalizing the possession, use, and distribution of marijuana.”
The accompanying ballot statement by the state attorney general explains: “This initiated measure legalizes the possession, use and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess one ounce or less of marijuana. They may also distribute one ounce or less of marijuana without payment or other consideration. Marijuana plants, and the marijuana produced from those plants, may be possessed under specific conditions. Marijuana plants may only be grown, and the marijuana from those plants may only be possessed, in counties or cities where no licensed retail marijuana store is available or where allowed by county or city ordinances. Certain violations of the restrictions the measure places on the possession, use and distribution of marijuana and marijuana paraphernalia are subject to various civil penalties. Individuals under age 21 can attend drug education or counseling instead of paying a civil penalty. The measure legalizes substances considered felony controlled substances under state law. Marijuana remains illegal under federal law. Judicial or legislative clarification of the measure may be necessary.”
When releasing the statement earlier this year the attorney general’s office also included a more than four page, double-spaced document outlining how state law would be amended if the measure passes.
While South Dakotans for Better Marijuana Laws and the Libertarian Party of South Dakota are promoting the measure, other groups such as Protecting South Dakota Kids, the Family Heritage Alliance and the South Dakota Catholic Conference are strongly opposed to legalizing recreational cannabis in the state.
A “Yes” vote is in favor of adopting the legislation and a “No” vote leaves South Dakota law as it is.
The other question on next week’s ballot—Constitutional Amendment D—is described as “an initiated amendment to the South Dakota Constitution expanding Medicaid eligibility.”
The attorney general explains in his ballot statement: “Medicaid is a program, funded by the state and the federal government, to provide medical coverage for low-income people who are in certain designated categories. This constitutional amendment expands Medicaid eligibility in South Dakota. It requires the State to provide Medicaid benefits to any person over age 18 and under 65 whose income is at or below 133 percent of the federal poverty level, plus five percent of the federal poverty level for the applicable family size, as provided in federal law. For people who qualify under this amendment, the state may not impose burdens or restrictions that are greater than those imposed on any other person eligible for Medicaid benefits under South Dakota law. The South Dakota Department of Social Services must submit to the federal government all documentation required to implement this amendment, and must take all actions necessary to maximize federal funding for this expansion.”
If the amendment is approved by voters the attorney general said a new section will be added to Article 21 of the state constitution authorizing the expansion to begin on July 1, 2023.
The amendment has been endorsed by the South Dakota Chamber of Commerce and a group calling itself SD Decide Healthcare which has contributions from several large healthcare companies in the state.
It is opposed by groups like Americans for Prosperity and South Dakota Citizens for Liberty.
A “Yes” vote on Tuesday would be to approve the amendment and a “No” vote would be to disapprove.