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South Dakota Bill to Reduce Marijuana Penalties Killed

Submitted by Phillip Smith on (Issue #771)

A bill that would have lowered the maximum penalty for possession of two ounces of marijuana or less was killed Tuesday in a Senate committee. It died on a 5-2 vote in the Senate Judiciary Committee after law enforcement representatives testified against it.

In the language customarily used in Pierre, it was "deferred to the 41st legislative day." The South Dakota session has only 40 days.

The bill, Senate Bill 221, would have moved marijuana possession from a Class 1 to a Class 2 misdemeanor. That would have lowered the maximum penalty from a year in jail to 30 days in jail.

Both proponents and opponents of the measure agreed that the vast majority of people charged with pot possession serve little or no jail time, with most receiving only fines. Those fines can be significant, though. In east-central Beadle County, for instance, pot possession offenders are typically hit with a fine of $435, with some jail time thrown in for repeat offenders.

Attorney General Marty Jackley (R), the State's Attorney's Association's Paul Bachand, and lobbyists for sheriffs and police chiefs all opposed the bill, saying it would "send the wrong message" about a substance they consider a "gateway drug."

Earlier in the session, legislators defeated a medical marijuana bill (again). The state also criminalizes having gotten high, even if having done so elsewhere. Its "internal possession" law is unique in the country. South Dakota remains one of the most pot-unfriendly places in the country, something that summer vacationers and fans of the annual Sturgis Motorcycle Rally would do well to keep in mind.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Auntie Marley (not verified)

I was born and raised in South Dakota for the first 30 years of my life. *heavy sigh* It has always been so far behind that in some places, they are learning what PacMan is. But there's one thing you can count on for sure, we binge drink on a regular basis!
Wed, 02/13/2013 - 7:30pm Permalink
Former Binge Drinker (not verified)

As a former binge drinker and admitted alcoholic, it's sad to see this fear and extensive lobbying drive continued prohibition.  It's sad because marijuana is a safe alternative to alcohol for me.  I don't wreck lives anymore.  I'm not fat and lazy anymore.  I'm healthier and more motivated than I've ever been.  I will be happy to pay taxes to have this safe alternative to alcohol.  I'm alive today because of cannabis.

Prohibition didn't work for alcohol, and it's not working for marijuana.

For anyone that believes in God, see the first chapter of the bible - Genesis 1:29.  Cannabis is food.  In fact, it's one of the most nutritious natural foods to us.  Who is to tell us we cannot have food?

Wed, 02/13/2013 - 8:12pm Permalink
Former Binge Drinker (not verified)

As a former binge drinker and admitted alcoholic, it's sad to see this fear and extensive lobbying drive continued prohibition.  It's sad because marijuana is a safe alternative to alcohol for me.  I don't wreck lives anymore.  I'm not fat and lazy anymore.  I'm healthier and more motivated than I've ever been.  I will be happy to pay taxes to have this safe alternative to alcohol.  I'm alive today because of cannabis.

Prohibition didn't work for alcohol, and it's not working for marijuana.

For anyone that believes in God, see the first chapter of the bible - Genesis 1:29.  Cannabis is food.  In fact, it's one of the most nutritious natural foods to us.  Who is to tell us we cannot have food?

Wed, 02/13/2013 - 8:14pm Permalink
Former Binge Drinker (not verified)

As a former binge drinker and admitted alcoholic, it's sad to see this fear and extensive lobbying drive continued prohibition.  It's sad because marijuana is a safe alternative to alcohol for me.  I don't wreck lives anymore.  I'm not fat and lazy anymore.  I'm healthier and more motivated than I've ever been.  I will be happy to pay taxes to have this safe alternative to alcohol.  I'm alive today because of cannabis.

Prohibition didn't work for alcohol, and it's not working for marijuana.

For anyone that believes in God, see the first chapter of the bible - Genesis 1:29.  Cannabis is food.  In fact, it's one of the most nutritious natural foods to us.  Who is to tell us we cannot have food?

Wed, 02/13/2013 - 8:15pm Permalink
kickback (not verified)

You know , marijuana might just be a " gateway drug " .  A gateway into a jail cell . To a cop out on the street , marijuana possession can be a gateway for your arse to a jail cell . Maybe the cops have a point .

Fri, 02/15/2013 - 1:48am Permalink
Bob Gold (not verified)

 

 
 
What a bunch of BS! Law makers do not want to lose VOTES! Think about why they do not want to be known as the first lawmakers to make change from 0 tolerance to actually helping Dying people from going from Oxycotin to medical marijuana? Why? Why? Why is it that always the Good people have to suffer? 
 
Why do these same politicians listen to dying Patients from across the state? Allow them to hear testimonies from 20 people including PTSD soldiers fighting wars they supported. The same WARS of Iraq, Iran, Afghan, and over 600 other countries supporting to   (kids) no I mean (18 year old teenagers)  to fight wars. Once again I ask Why ? How is it that  society can be soo  Ignorant???????
Or no perhaps people with Cancer, Aids, MS, Arthritis, Epilepsy, Muscular Distrophy, HIV, and many other medical conditions with  severely ill patients should Not be aloud to give  testimonies! How can this be a question??? Perhaps these same politicians such as the A G or Law Enforcement may have grandparents or family heritages of investments in stocks relating to Alcohol and cigarettes? 
 
 Come on SD speak your mind? Change must come with in! Voice your opinion? Think about these same people that come up for office again ? Your voice counts!
 
 
Voice your opinion! People can make change! State wide polls should be taken for marijuana? Why not ask students attending college campuses? Let your grass roots come together. ITs never too late to make change! I believe academic scholars and university college students across the state should be able to speak! 
 
Poli-Tricks! Think about some of the comments I have made?
 
No, I have a good idea, lets just keep spending court costs on torturing, penalizing, psychologically crushing these offenders to spend 3 months -10 years in jail and put them in debt for a few years with  fines of  $1000's of dollars!
 
 People  found with an eighth of an ounce Twice in there life are being Persecuted! Uwww no, perhaps they may be Peaceful and be creative, artistic, become loving, sharing, giving, helpful, law abiding citizens that Pay Taxes? They are productive, or just something called Alleviating there Pain. No , dont do that! Do these same people enjoy  crushing the lives of society, productive people that endure STRESS which the same politicians want to have these horrible offenders Suffer for , not to mention the amount of STRESS they put there families through! Sounds like the Wildwest. Ignorance is a Virtue.
 
 Think before you act and rally around these Marijuana gatherings with MPP.org and Norml.org. See whats going on across the lands except for our most open minded compassionate state of South Dakota! Ha Ha Ha... Quite the opposite.
Speak your truth!
 
What is it going to take?
 
Oh no , I have another idea, there is now  data detailing that small towns across the US are stating that more Pornography of Women to Women videos are sold in small  rural areas in  towns with Law Enforcement , etc. the largest consumers of  this business. Thats right they support 18- 20 year olds having sex of latest videos on there selection of hot, sexy videos for there 2013 updated collection for the upcoming months of March - July.
Now, tell me which one is deranged.
 
Oh, dont forget marijuana is there GATEWAY drug to hardcore violent crimes!
 
Alcohol is healthy, non addictive, Cigarettes the same and well worth investing ! What ever it takes to make a buck . Right ?  Support large corporations?  Right. 
 
Gateway? What does that mean? Where did they achieve this conception?
 
Speak your mind and truth and lets make change . The time is NOW!
 
BP from Pierre.
Sun, 02/17/2013 - 12:05am Permalink

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