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Two Cannabis Initiatives on Tap

The South Dakota Family Coalition for Compassion failed to find a legislative champion for its proposal to legalize medical cannabis. Melissa Mentele of SDFCC says her group is fine tuning the bill they drafted to circulate as an initiated measure.

To make things interesting, SDFCC is also working up an initiated measure to decriminalize the possession of marijuana. Under a draft currently under consideration, pot smokers would still face a civil penalty of $100 for possession of an ounce or less, but the initiated measure would repeal all other state and local penalties for ounce-or-less possession. The measure would also prohibit penalties for testing positive for marijuana.

I wonder: will promoting these two cannabis initiatives at the same time help or hurt the prospects for passing one or both of them? Medical marijuana advocates have been working the media to promote their cause with adorable yet suffering children. But some of the advocates of medical marijuana want nothing to do with recreational marijuana. Supporters of recreational marijuana may not get excited about circulating petitions for a compromise measure that still subjects them to a $100 fine; they may prefer a complete repeal of what some advocates call prohibition.

As for voters, perhaps putting medical and recreational marijuana on the same ballot will boost the medical measure by giving voters an opportunity to split their vote and pat themselves on the back for taking a middle road. Then again, a general decriminalization bill will provoke all the more vigorous opposition from law enforcement and anti-drug purists, and the volume of that opposition will likely spill over to deter some voters from casting a yes vote for any measure mentioning cannabis.

Cannabis backers can do that electoral calculus later. Right now, they need to get their drafts to the Legislative Research Council, then submit their final drafts to the Attorney General, then submit their materials to the Secretary of State. Then they can circulate their petitions and seek and submit 13,871 signatures by November 8 this year... and remember: Senator Corey Brown will call you stupid and challenge your petitions in court. He will lose, but you circulators will want to have a lawyer in the chute.

37 Comments

  1. larry kurtz 2015.02.12

    Do we call it recreational alcohol? Of course not.

  2. Bill Dithmer 2015.02.12

    "Do we call it recreational alcohol? Of course not."

    A great nine words Larry. I might be missing something here but if your going to try an initiative shouldn't you be out pre conditioning the people getting ready for them to sign that petition. It looks like the only thing that has changed in SD as far as cannabis goes is the new herd of sheep pushing the wagon.

    The treatment that they are using on those kids wouldnt help me one bit. That treatment wouldnt help a lot of people that could be helped by a real mixture of cannabonoids that can only be found in real cannabis.

    While I feel for these kids, there are many that have suffered for decades, not just from their conditions, but from the very treatments that they are using to manage those conditions. Using kids is starting to loose its effectiveness not because it isnt true, but because people have seen it to many times.

    The reason SD is so far behind other states is because it is still a rural state with a relitivly small population. In other states that are red, Mo., Texas, and even Nebraska, the larger cities have the votes to swing issues like this.

    Here is how that process works.

    First someone starts to ask questions about why the legal system cost so much. Then the COP comes before the council and says its all about the cost to start the process in pot cases. Then the states attorney gets up and tells them that trials are costing more all the time, and the taxpayers are footing the whole bill. Incarceration, well that cost money to. Po's, another expense. And lets not talk about overcrowded jails.

    Then someone ask what the cost would be if the city stopped procicuting pot arrest with amounts less then, "name your amount." Once all those things are on the table the cost to work on cases with amounts smaller then X, show huge savings, even in terms of social programs.

    Once those comparisons are laid out the decision making process is headed in the right direction. Those people that live in those bigger cities have so much voting pull they can determine the outcome of both initiatives and elections in the state, unless its SD we're talking about.

    South Dakota is unique, geography rural, votes red always, gets lots of money from the feds to keep the war on drugs alive, and only passes bills that help those with the money.

    If you want change to start, find a receptive town or city and talk them into decriminalizing small amounts of cannabis. Take your research with you and use the money part in every conversation about decriminalization.

    Go to womens clubs, churches, and restuarants, and always be prepared to make a presentation to a small group of people. Buy cheap flash drives and put the information, both the good and the bad, about decriminalization on the drive. Every council member, the Chief of police, and the head honcho for the chamber of commerious should all get a drive.

    Remember, this is about money that could be saved for other things the city needs, and its the only angle that most people understand if they are naturally against decriminalization.

    But then again your dealing with SD, so it would be like buffering a full length movie using dialup.

    Before you initiate, and before you legislate, you have to educate. For most people, its about the money, only the money.

    The Blindman

  3. larry kurtz 2015.02.12

    Bill, we all know cannabis is a wedge issue Marty and his earth hater brethren use to raise campaign money. The biggest surprises are coming from Steve Hickey this session: he sees cannabis as a potential revenue stream but knows his caucus will blackball him if he pushes the concept i have presented to him.

  4. Melissa Mentele 2015.02.12

    I am not a sheep, thank you very much. If you had taken the time to actually read the bill it is not a CBD bill or an extract bill. It is a whole plant bill with home cultivation included. Please don't write us off yet. Collecting the signatures is the easy part. We easily have 10,000+ active members of 4 legalization groups in SD. After those are in we have a massive statewide educational program we will implement. Have a little faith SD needed a female legalization leader and it also needed to see that this movement isn't about pot heads. It is about children who are suffering and also many adults with incurable debilitating diseases. We are going to change the face and the perception of what medical cannabis is in SD even if it is one person at a time.

  5. larry kurtz 2015.02.12

    Sorry, nothing is medicine unless the FDA says it is.

  6. Melissa Mentele 2015.02.12

    Ok Marty Jackley.....that sentiment is the one we heard plenty of times while in Pierre.

  7. larry kurtz 2015.02.12

    Therapeutic cannabis is an herbal supplement, Marinol is medicine.

  8. Jenny 2015.02.12

    Cannabis is so mainstream, I can walk out the door of my house and know several good hardworking people I could buy a stash from. Meanwhile the drunk dude down the street that's a stumbling drunk can't hold a full time job. Who would you rather hire?

  9. Jenny 2015.02.12

    Larry, is Hickey in the process of crafting an actual cannabis bill?

  10. Jenny 2015.02.12

    We never hear anything from Dem legislators. I know there's only about six of them but do they do or say anything??????

  11. larry kurtz 2015.02.12

    Don't know yet, Jenny: he has favorited several of my tweets indicating to me that he might.

  12. Bill Dithmer 2015.02.12

    Melissa, yes I know your bill isnt just about CBDs, I have read the bill.

    " Please don't write us off yet. Collecting the signatures is the easy part. We easily have 10,000+ active members of 4 legalization groups in SD. After those are in we have a massive statewide educational program we will implement."

    First get this straight, you do not have 10,000 people that are ready to do anything. Most of that number would like something to happen as long as they dont have to get dirty to get it. Those people have already been convinced, its everyone else you need to get onboard. Thats the problem, you will never get new church members if all you do is preach to the choir, and most of the time thats all thats going on.

    You have the education process starting after you get the signatures, thats ass backwards. Your trying to cut corners and save time and it cant be done that way in SD.

    I'm not questioning your drive to get something done, I'm questioning the methods your useing to address your madness. For a while I thought the very same way as you do.

    There's nothing wrong with that kind of thinking, except it doesnt work the way you expect it to. And it will never work in SD because of the money that the people making the laws wont make. Thats why you need to make it about money they will save, or have to use for other things.

    As long as your not willing to spend the time to educate the public, the money you've spent getting signatures has just been wasted.

    But what do I know? I only lived there for 61 years hoping for a change that didnt come. About ten years ago I started watching those states that did change, and the reasons they changed, and the answers to my questions became clear. Its all about educating the public, then its about making and shaping laws.

    The Blindman

  13. Jenny 2015.02.12

    Melissa, most recreational cannabis users I know are not "pot heads", they work full time jobs and contribute to society. They are not "bad" people.

  14. Phillip 2015.02.12

    Melissa, the signatures are the easy part huh? HAHAHAHHA do you realize how much time and money is required to put something on the ballot, let alone an issue that is barely popular with the mainstream? You're going to have to pay a professional crew of signature gatherers somewhere around $2.50-$3 per signature if you're going to get enough. Volunteers at best are worth 5-10% of your total signatures. It takes serious man power and time and you sure as hell better get extra signatures because usually half are thrown out. I'm all for the cause but I'm being reasonable here, I've been involved with several ballot drive as a paid gatherer and every time I get hired at the last minute because the sponsors were delusional and thought the petition was "the easy party". Have fun and good luck!

  15. Phillip 2015.02.12

    also FYI i've been involved in signature drives that got thousands of signatures and spent tons of $$$ only to have them all thrown out at the end because a notary didn't use the right expiration date on their seal. Just be careful I'm warning you it's way EASIER SAID THAN DONE! like I said there's never in my recollection been a successful petition drive in south dakota done purely with just volunteers, a.k.a mission impossible.

  16. Melissa Mentele 2015.02.12

    We are currently educating the public. We have been working with newspapers and TV news to bring the stories of SD patients into the mainstream and get people talking. We talk to everyone we come into contact with and hold monthly meetings and events. Our next is serving at the Banquet on the 24th. I am not sure why you feel the need to critique the methods we are using. It isn't as though every conversation I have with someone regarding cannabis is going to be a press release. If you follow our legalization page on FB you would be able to see we post educational articles daily. We have a mailing list and a newsletter. Just because you are not engaged in what we are doing it does not give you the right to claim our methods are ass backwards. Our educational program that is planned statewide needs money to be implemented and sponsors are not exactly beating down our doors to give us money. Many we have contacted have said get it on the ballot and then come back, that ties our hands on things we are able to do.

    The state is well aware of the financial aspect of it. When we went to Pierre for patients day I gave them my receipts from Colorado. I had to do something to make them understand there is money there.

  17. Phillip 2015.02.12

    also last note about the public education, until you have doctors coming out in the news and at the state medical association speaking in favor of prescribing medical marijuana then you will never get it passed in SD. Please try to recruit doctors to be your spokespeople and then SD will listen.

  18. larry kurtz 2015.02.12

    FWIW: the Argus Leader's Jonathan Ellis supports relaxing cannabis laws in South Dakota.

  19. Melissa Mentele 2015.02.12

    Phillip, It is against the law in SD to pay per signature and yes abortion petitions have been passed with a volunteer crew only.

  20. bearcreekbat 2015.02.12

    MM, I admire your group's goal and your efforts. But I don't understand why you seem to be getting defensive at other folk's advice and suggestions. Why not take such ideas for what they are worth, accept what you find useful and ignore what you don't?

  21. Jenny 2015.02.12

    Melissa, I wouldn't even put the 'helping the suffering children' on your petition. SD is kind of anti-children once they're out of the womb. I'm being serious here also, To the far right - they are going to get very suspicious about 'suffering children' verbiage. They will think that's code for something radical like promoting children to become cannabis users. Remember we're talking about SD conservatives here, many who are elderly and just don't understand what cannabis even is.

  22. Melissa Mentele 2015.02.12

    I am not defensive. I am taking everyones words into consideration however it is frustrating when people who have not taken the time to see what we are currently doing ie: summits, meetings, training events, educational articles or have even read the bill offer advice. To me its like that chronically single friend who offers marriage and parenting advise without any real experience. Jenny as far as "suffering children" there is no mention of that phrase in the bill it is reference to Eli Hendrickson who has Dravet Syndrome. His parents spoke out on KSFY earlier this week. There is 0 mention of children in the bill.

  23. Melissa Mentele 2015.02.12

    I am not defensive. I am taking everyones words into consideration however it is frustrating when people who have not taken the time to see what we are currently doing ie: summits, meetings, training events, educational articles or have even read the bill offer advice. To me its like that chronically single friend who offers marriage and parenting advice without any real experience. Jenny as far as "suffering children" there is no mention of that phrase in the bill it is reference to Eli Hendrickson who has Dravet Syndrome. His parents spoke out on KSFY earlier this week. There is 0 mention of children in the bill.

  24. Jenny 2015.02.12

    I think it's more of frustration, Melissa. We are dems on MVT and know how difficult an initiative like this will get passed in a very conservative state b/c of the stereotypes of cannabis being a bad drug. The education of cannabis will be the most important part of it all.

  25. Bill Dithmer 2015.02.12

    "I am not sure why you feel the need to critique the methods we are using."

    I'm not critiquing, I'm saying you wont get anything done your way.

    " We have a mailing list and a newsletter. Just because you are not engaged in what we are doing it does not give you the right to claim our methods are ass backwards."

    How dare you talk about your perception of my right to do anything. If you cant handle yourself any better then that, youve already lost, and I'm on your side.

    Reread what you wrote. If you dont have the money to educate, you cant win in SD, its as simple as that.

    The Blindman

  26. larry kurtz 2015.02.12

    Cannabis has been shown to be a very effective therapy for PTSD: that in itself should help sway voters that laws in South Dakota should change.

  27. Melissa Mentele 2015.02.12

    The education will be a huge focus. I have spent months reaching out to parents and patients in legal states asking them to share their stories with SD to help people see that cannabis really is a viable option for so many conditions. I have made some really good friends and made some very good allies in lawmakers and patient alliances nationwide. They have committed to coming to SD to help educate. One of the 1st and the most simple thing we are doing currently is volunteering to show that people who need cannabis are not bad people we are valuable members of our communities that just need a little help from cannabis to live normal lives. We hope that people will see us out in the community with out SDFCC shirts and ask us who we are and why we support cannabis legalization. It will take alot of hard work and dedication but what is the other option? We cannot continue to allow patients and children to suffer & die due to fear of a plant.

  28. Melissa Mentele 2015.02.12

    "I'm not critiquing, I'm saying you wont get anything done your way."

    Our way has already made some changes to things in SD, we held the largest cannabis patients day at the capitol in SD history last month.

    'How dare you talk about your perception of my right to do anything. If you cant handle yourself any better then that, youve already lost, and I'm on your side'

    If you were on my side I would see you getting involved in helping us. I handle myself well when people offer constructive ideas. I am always open to new ideas and ways to get a strong positive message out there. You have not done that, you have only stated what I am doing wrong. So yes I will question you on that.

  29. Phillip 2015.02.12

    you're doing a great job Melissa I couldn't be in your position honestly. yes it's now illegal to pay-per-signature but it always wasn't. Most petition companies pay hourly now but your budget remains the same as far as how much it's going to cost. I know that most people don't know how to run petitions and that's why it is such a rare phenomenon. Even the Democratic party paid petitioners last year and you would think they would have enough volunteers? If the 2nd largest political party can't do it with volunteers how could a bunch of stoners!! I'm just kidding, take a joke, but please, impress us and get it done because that's the only way the blogger nuts will shut up.

    Listen to my advice about the doctors though please because look at the smoking ban, 100s of docs come out and tell us to vote for it and then it passes nearly 3 to 1. Also last year look at patient choice, pushed by the private docs, it passed 3 to 1.
    If you get the docs to come out your campaign will win!!!!

  30. Deb Geelsdottir 2015.02.12

    I just watched a bit on the local news.

    A derivative of hemp yields CBD. Testing reveals that there is no THC in that product. CBD is effective in treating some epilepsy. A family in Wisconsin is using the CBD oil to treat their son's seizures. Even their far right gov, Scott I'm-afraid-to-talk-about-evolution Walker, has not sent in a SWAT team to arrest the 10 year old. He must be soft on crime.

  31. Deb Geelsdottir 2015.02.12

    "Suffering children" was very effective in passing MN's limited medical marijuana bill. In fact, that's directly what caused the governor to drop his blanket opposition to the bill. Of course, MN has a compassionate Democratic governor. Guess that wouldn't work in SD after all.

  32. larry kurtz 2015.02.13

    stevehickey 11 hours ago
    "@larry_kurtz @Charliebh yep I took the hendrixsons extract bill into the AG to talk about making it happen here."

  33. Bill Dithmer 2015.02.13

    "You have not done that, you have only stated what I am doing wrong. So yes I will question you on that."

    I have told you how on many occasions, you were never ready to listen, as you still are not.

    I stayed in SD as long as I could, I really did. I wrote letters and made ph calls, I ingaged in conversations on almost every blog that I could. After the last try it became apparent that SD just wasnt ready with their present political leadership.

    If you look back one year you will find that I did give a complete roadmap to legalization on two occasions. Now I'm doing the same here in Mo but seeing results. Missouri is red, but it will decriminalize in the next two years with small amounts already passed in a few of the bigger towns.

    We moved so I could get used to the new surroundings before I lost my sight, but the cost of living didnt hurt any either.

    Phillip is right, you need doctors. Dont be surprised if one of them tells you what would really happen. Almost every doctor would love to be able to prescribe cannabis. The only problem is that those in power and Marty Jackley dont want them to.

    Right now the medical profession has protection in the amounts that they can be sued for in South Dakota. If they start making waves, those limits could easily be raised.

    In SD, when the will to survive becomes stronger then the will to succeed, the people will make changes. At this time there is still a certain comfort in the way people live, but that level of comfort is shinking every year.

    If they were to make a tv series about South Dakota, it would be called "LAST."

    The Blindman

  34. Charlie Hoffman 2015.02.15

    But the one politician who admitted smoking pot and could have easily swept into play a Federal Rule de-criminalizing it thereby allowing the States to make their own minds up waffled. Illegal Aliens are more likely to Vote Democrat then pot heads I guess.

  35. Taunia 2015.02.15

    Anyone have any peer reviewed studies as to whether or not smoking rolled up pages from the bible gives the same benefits as smoking weed?

    Even personal experimenting will do.

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