Potential ballot measure could affect recreational marijuana use

South Dakota has approved the circulation of a ballot question regarding the legalization of recreational marijuana, with the measure having potential to be back on the ballot for the upcoming 2024 elections on Nov. 5. 

Continued discussions on the possibility of legalizing recreational marijuana in the state has spread to the campus community, as well, with some people raising questions about what policies Augustana would adopt in regards to marijuana’s use on campus. 

According to South Dakota’s Office of the Attorney General, the initiated measure would allow people aged 21 and older to “possess, grow, ingest and distribute marijuana or marijuana paraphernalia” in the state of South Dakota. 

Abby Folz, a junior communication disorders and sign language interpreting major, said she sees both positives and negatives to the argument.

“It can have medical benefits, but drugs can also cause a lot of problems,” Folz said. “But so can alcohol, and that’s legal.”

Kailyn Rossow, a junior anthropology, environmental studies and English major, said she doesn’t believe the potential legalization would impact her much, as she doesn’t plan to use marijuana.

“It’s none of my business what other people do,” Rossow said. “Go for it. Why not?”

Rossow said she believes it’s in the same realm of alcohol and that it should be treated in a similar way.

Marijuana has been a hot topic in the state legislature for many years, going back to the prohibition era when states were left to decide if cannabis was medicine, a cigarette-like product to be taxed or a drug that should be banned. In 1931, South Dakota decided to ban the drug. Since a brief decriminalization period in the 1970s, the drug has remained illegal.

Since Colorado and Washington fully legalized the recreational use of cannabis in 2012, other states have asked their voters to voice their opinions on marijuana use. Most recently, Delaware, Maryland, Minnesota and Missouri fully legalized marijuana in 2023. 

According to the Associated Press, marijuana was fully legalized in South Dakota during the 2021 South Dakota elections but was nullified by a circuit court’s ruling. In early 2021, the South Dakota Supreme Court voted 4-1 that the measure violated South Dakota’s requirement of constitutional amendments dealing with just one subject. Medicinal use of the drug became legal July 1, 2021.

The following South Dakota election in 2022 had the possession, use and distribution of recreational cannabis back on the ballot, failing with only 47% ofSouth Dakota voters in favor, according to the Secretary of State.

As the 2024 South Dakota Elections approach, a new initiative has been circulating the state, titled “An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana.”

President Stephanie Herseth Sandlin, a former South Dakota representative, said legislators have been prepared for legalization.

“If it does pass, I anticipate that the state legislature will again try to perhaps buy some time to build some infrastructure around enforcing it,” Herseth Sandlin said. “But all of us should be ready. We’ve all been on notice for a few years that this is something a lot of voters care about.”

Herseth Sandlin said she believes the recent push for legalization islargely generational.

“Generationally, now that we have more states that have legalized recreational marijuana, this is now coming back based on those who feel very strongly that the criminal code has been too harsh, particularly for younger people who have used marijuana recreationally, and that it has affected their employment record in ways that are unfair and seem overly punitive,” Herseth Sandlin said. 

Institutional policy

Augustana University, a private institution, currently has the right to put restrictions on alcohol, and if recreational marijuana were to become legalized in South Dakota, the institution could do the same for marijuana products.

Herseth Sandlin said Augustana has discussed policy surrounding if marijuana were to become fully legalized in South Dakota.

“We’ve been a smoke-free campus for a long time,” Herseth Sandlin said. “Smoking marijuana recreationally on campus will not be allowed.”

Rick Tupper, associate vice president of Campus Safety and logistics, said other forms of ingestion of marijuana would not be against campus policy.

“If there are other forms of THC, that would be fine,” Tupper said. “Once our state statute allowed that, then it would be allowed on campus as well.”

Marijuana, like alcohol, poses some unique challenges for Campus Safety. If a student or others become in danger because of substance use, Tupper said it is both Campus Safety’s job to protect and help get subjects what they need and where they need to be.

Therefore, Tupper said the two substances will be handled in similar ways.

“We handle it like any other substance, like alcohol,” Tupper said. “If it becomes a disruption, the conduct is what you deal with, not necessarily the substance itself.”

Augustana still needs to research and discuss how other institutions handle recreational marijuana use on campus, Herseth Sandlin said.

“We would need to learn from campuses in states where they have legalized recreational use of marijuana and what types of circumstances that can lead to from a student conduct standpoint,” Herseth Sandlin said.

Soniel Ngnotchue, a Viking Adviser for Bergsaker’s second-floor east wing second, which is made up mostly of male-identifying freshmen, said he hasn’t had many issues with marijuana use on his floor. 

“Incidents really haven’t been very frequent,” Ngnotchue said. “But sometimes we just have to do what we have to do [when a situation arises.]”

So far this academic year, only two reports of marijuana odor have been reported to Campus Safety. Officers could not locate the source of the smell in either case, so nothing more could be done.

Ultimately, Ngnotchue said he believes students are trying their best to respect the policy.

Shelby Scott, a junior art major, said she thinks recreational marijuana use should be legalized, partially because it was previously legalized in 2021 before it was nullified. 

“The state of South Dakota already voted for recreational marijuana to be legal,” Scott said. “I think marijuana being recreationally legalized would come with the same issues [as alcohol], but overall I see no issue with it being legalized.”

Scott said she also believes recreational marijuana use should be legal due to pain medical cannabis isn’t prescribed for.

“It’s proven to have good medicinal use for many illnesses and disabilities, and I think a lot of [assigned female at birth] people could benefit from using it recreationally for menstrual pain, since a lot of [assigned female at birth] people aren’t believed by medical professionals about their pain,” Scott said.

Representatives will continue to discuss the future of marijuana’s place in states across the nation, and the discussion of legalization won’t be ending anytime soon. South Dakota students of age 18 years and older can register to vote on the South Dakota Secretary of State’s website.