South Dakota Lawmaker Moves to Repeal Voter-Approved Medical Marijuana Law

A newly elected South Dakota legislator is making waves by attempting to dismantle the state’s medical marijuana program—despite its overwhelming approval by voters just a few years ago. Conservative activist-turned-lawmaker Travis Ismay has filed a bill that would repeal the law entirely, reigniting a battle over cannabis policy in the state.

A Second Attempt, But With More Power

Travis Ismay isn’t new to this fight. Last year, he tried to get a ballot measure before voters to repeal South Dakota’s medical marijuana program. That effort failed to qualify, but instead of walking away, he shifted gears. Now, as a representative for District 28B, he has a new strategy: pushing the repeal through the state legislature.

On Monday, he filed House Bill 1101, a straightforward but controversial proposal to wipe the medical cannabis statutes off the books completely. This time, he’s not alone. Four other GOP lawmakers have signed on, including a majority whip—a sign that at least part of the Republican-controlled House is willing to consider reversing what nearly 70% of voters approved in 2020.

Voter Will vs. Political Pushback

Medical marijuana in South Dakota has been on shaky ground since its approval. Despite the strong backing at the polls, Republican officials have frequently worked to slow down or restrict its rollout. Former Governor Kristi Noem, now leading the U.S. Department of Homeland Security under the second Trump administration, was one of its most vocal critics.

In 2021, she pushed for a delay in the program’s implementation. The House passed the measure, but the Senate held firm, forcing Noem’s administration to consider a compromise. One proposal that emerged from her office would have:

  • Decriminalized possession of up to one ounce of cannabis
  • Restricted home cultivation to just three plants
  • Banned minors from qualifying for medical marijuana

Ultimately, none of those ideas made it into law, leaving the original voter-approved program intact—at least for now.

A New Front in South Dakota’s Cannabis Debate

The push to roll back medical marijuana is happening alongside broader cannabis reform discussions in the state. Just last year, a recreational marijuana initiative was on the ballot, but voters rejected it. That campaign saw strong opposition from Republican leaders, including Noem, who went so far as to release a video ad arguing that legalization was bad for children and communities.

“The fact is, I’ve never met someone who got smarter from smoking pot,” Noem said at the time.

Still, South Dakotans for Better Marijuana Laws, the group that led the push for legalization, remains active. The organization was a vocal opponent of Ismay’s previous repeal attempt, arguing that his ballot measure failed to follow state petitioning requirements. Now, they’re likely to fight his latest attempt in the legislature.

Will Lawmakers Follow Through?

The fate of HB 1101 is unclear. While Ismay has backing from a handful of GOP colleagues, South Dakota lawmakers have historically been cautious when it comes to undoing voter-approved measures. Even with Republican majorities in both chambers, repealing a law that passed with nearly seven in ten voters’ support could be politically risky.

A key question is whether the South Dakota Senate, which blocked Noem’s previous efforts to delay medical cannabis, would be willing to go along with a full repeal. Without Senate support, Ismay’s bill is unlikely to go far.

For now, the debate is heating up. The same battle over cannabis that played out in courtrooms, campaign ads, and legislative meetings in past years is back—only this time, the stakes are even higher.

By Benjamin Parker

Benjamin Parker is a seasoned senior content writer specializing in the CBD niche at CBD Strains Only. With a wealth of experience and expertise in the field, Benjamin is dedicated to providing readers with comprehensive and insightful content on all things CBD-related. His in-depth knowledge and passion for the benefits of CBD shine through in his articles, offering readers a deeper understanding of the industry and its potential for promoting health and wellness.

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