South Dakota legislator’s bill to overturn medical marijuana law is rejected

An effort by a Republican lawmaker in South Dakota to overturn a 2020 voter-approved medical marijuana legalization law was killed in committee.

According to South Dakota Public Broadcasting, state Rep. Travis Ismay’s attempt to overturn the state’s MMJ program, House Bill 1101, failed in the House of Representatives’ Health and Human Services Committee by a 7-6 vote on Tuesday.

Ismay attempted to repeal Initiated Measure 26 through a ballot referendum in 2023 – before he was elected to the House – but that effort also failed.

IM 26 was overwhelmingly approved by voters with nearly 70% support after they had opposed two similar measures.

In that 2020 election, voters also approved an adult-use ballot measure, but that victory was ultimately struck down by the South Dakota Supreme Court after a state law enforcement official filed suit on behalf of then-Gov. Kristi Noem.

Noem now serves as the secretary of the U.S. Department of Homeland Security.

Meanwhile, South Dakota’s MMJ market faces deep challenges after at least eight dispensaries closed in 2024 – including the first non-tribal licensee – and falling patient counts for 11 straight months, according to state data.