A prosecutor and a public defender testify about adult-use marijuana coming to South Dakota

PIERRE, SD (KELO) – A Fort Collins, Colorado sheriff, along with the Pennington County Attorney General and Clay County attorney, shared their perspectives Tuesday on what marijuana legalization could mean in South Dakota.

They spoke with employee compensation advisor James Marsh and Yvonne Taylor, executive director of the South Dakota Municipal League a subcommittee of the legislature study the subject.

Colorado’s introduction of medical marijuana in 2000 and recreational marijuana in 2012 created many problems for law enforcement agencies, whether it be dealing with home-grown, disabled drivers, sick children, hash oil explosions, or the homeless, according to Larimer County Sheriff Justin Smith.

“We see a major drug problem in our state. I think a lot of the country is, ”he said.

In South Dakota, enforcement of marijuana laws was a patchwork quilt until July 1, when medical marijuana becomes legal, though medical cards will no longer be available for another four months.

“You have some prosecutors who just don’t prosecute small amounts of marijuana, you have some who do,” said Rapid City public defender Eric Whitcher. “They have police officers citing and releasing, some arresting, some letting go. They have some district judges who consider a gummy bear or other edible substance to be a controlled substance, others who consider it marijuana. One of the endeavors we should all look for is, in my opinion, equal treatment across county borders. “

Representative Mary Fitzgerald, whose wife is Lawrence County Attorney John Fitzgerald, pointed out that marijuana remains illegal at the federal level.

“What constitutional provision allows states not to obey federal laws? In this case it would be this substance, the regulated substance law. So if states can choose which laws to obey, what other laws should South Dakota not, what other federal laws should South Dakota not? ”She asked.

Representative Shawn Bordeaux, a member of the Rosebud Sioux Tribe, said the western end of the reservation is one side of US 83 in White River. This creates jurisdictional issues for the prosecution of tribal and non-tribal.

Whitcher said, “I hope we get more clarity, but it will probably take another decade to really work through all of these state and federal discrepancies on this substance because the laws are behind the people, and finally The Laws will catch up, but it will be a little painful by the time we do it. “

Bordeaux said: “We have a broken system and we have to have the courage to move on, so it’s a system for all of us and not, you can run across the street and escape this law.”

Representative Rhonda MilsteadWhitcher, whose spouse is Minnehaha County Sheriff Mike Milstead, challenged Whitcher. He replied, “People take the substance anyway. And I acknowledge that there is a law against it, but most people disagree with the law and have voted for a change in the law and will apply it. They use it in other states. “

Vermillion prosecutor Alexis Tracy said she did not vote for Amendment A, which legalizes marijuana for people age 21 and older, or IM 26, which legalizes medical marijuana. She said the medical marijuana effort sponsors were really trying to get recreational marijuana.

The state health ministry plans to enact medical marijuana rules by the end of October and intends to begin issuing patient cards in November. Amendment A’s legality has been challenged on procedural grounds and is being ruled by the South Dakota Supreme Court. The Legislative Subcommittee, recognizing that A could be repealed or amended, plans to start work on a draft proposal in the coming weeks.

Tracy outlined some of the changes she would like to see. She called on lawmakers to adopt a unified definition of marijuana. She also wants minors ‘possession of marijuana to be treated the same as minors’ possession of alcohol, to keep smoking and growing marijuana out of the public eye, to make driving under the influence of marijuana a criminal offense, and to keep food out to be held in the hands of children.

She proposed that lawmakers increase funding for the state court system for adult distraction services. And she agreed with Fitzgerald that being a prosecutor is a constant test.

“It’s terribly depressing to come home every day and see people at their worst,” said Tracy.