Citizens of Butte County are organizing to give to the voters a second chance to speak up in defense of, or against Marijuana being legalized within the State of South Dakota. At stake, are many provisions of S.D.C.L 34-20G of which has allowed, qualified and permitted citizens of the State of South Dakota to utilize Cannabis for medical use, giving to a specific class of people the ability to be in possession of a banned substance.
At stake, is the means of authority given by the Federal Government, of which in the federal jurisdiction, being in possession of, let alone the manufacturing and distribution business, it is illegal. Under federal law, any American, whether permitted, or not permitted by the state, may be found guilty of being in possession of, let alone guilty of manufacturing and distributing a controlled substance of which is banned in federal territory.
If you apply this federal rule within the State of South Dakota – we are speaking on any federal property such as the Federal Postal Office, Administration Buildings, any U.S Court Building, National Park and Nature Preserve, any such Federal Highway Road passing through the State, let alone any such Federal Contractor, Official, Officer, Employee paid by the Federal Government to carry out any daily functions of the Federal Government itself.
Not to mention, the results of the 2022 Marijuana Statewide Vote across the State of South Dakota has confirmed by a wide majority, that the S.D Citizens have not yet approved of legalizing marijuana as an approved activity – presenting the fact that voters in 58 of the 66 Counties said no to marijuana use.
In Butte County alone, more than 60% of the voters showed up in masses, to faithfully, and respectively say no to Marijuana, let alone in more than 44 counties, no less than 55% of the voters presented the narrative that marijuana is a dangerous drug, and kept, and maintained as a banned substance.
According to the Petitioners of Butt County, the people of all Municipalities, Cities, Towns, and Local Subdivisions of the County(s) should have the right, under the constitution, and of state laws, of governing themselves as they so wish, however, the effects of S.D.C.L 34-20 restrict their rights of doing so, citing below, the confirmed facts:
The first 11 Sections of the “Act” Protect Cardholders, Dispensaries, Medical Practitioners, Cultivation Facilities, from Fines and Penalties of Federal Crimes;
The Act allows Medical Cards to be issued to anyone under 18 years of age with parental or guardian consent;
The Act prevents Children in Homes of Permitted Cardholders from being Removed from the Home;
The Act allows for Visitation and Custodial Rights despite where a person has been found guilty of federal or state crimes;
The Act requires Schools to allow for the Administered use of Marijuana while during school hours;
The Act does not permit, nor allow for Municipalities to restrict, or ban Dispensaries within their jurisdictions.
Mainly, thanks to Cannabis being a federally banned, and highly controlled substance, federally, this is an attempt by the petitioners to educate, inform, and give to the people of all counties the effective right to govern, manage their activity, and control their means of commercial activity as they so wish.
Thanks to the confirmed vote of the people in 2022, the petitioners now believe, that several provisions of S.D.C.L 34-20G must be effectively striked, let alone removed from state law, giving to the people themselves, the direct ability to regulate, and control marijuana use throughout their counties, effectively giving to themselves, their municipalities, their townships, and other local subdivisions the right to ban Medical Use of Marijuana where they so choose.
This is not an attempt to disrespect the rights of all Americans regarding the beliefs on the topic of Marijuana. The petitioners of Butte County, and several of the other counties are simply wanting to bring back the matter of Medical Marijuana to the voters for a second attempt to get the law corrected.
We now know, and understand in full, that a very huge portion of the State population now agrees, that marijuana should be, and it has been decided, that cannabis should remain a banned substance, and this is seemingly a request by the petitioners to place medical marijuana back on the ballot a second time giving to the voters the ability to fix, correct, and repair the errors and omissions of a previous vote, which restricts the people of self governing themselves.
This is not an attempt to restrict anyone’s rights of doing or not doing what they so wish to do. It is an attempt to allow the voters to repeal their own law, while placing back on a future ballot, the corrected version of the law itself, by educating them, informing them, by extending further, that topic of conversation.
Under our State Constitution, all legislative power of the state shall be vested in a Legislature which shall consist of a senate and house of representatives, and of the The People, who may expressly, reserve to themselves the right to propose measures, which shall be submitted to a vote of the electors of the state. Meaning, ‘we’ have the right to change our minds, to repeal any such law, repairing such mistakes adopted by previous generations.
Having an opportunity to discuss with the President of the Concerned Citizens of Butte County, Mr. Travis Ismay, he seems like a sincere, honest, and respectful person, simply trying to help lead an effort to adopt honest, respectful, and constitutional laws within the State of South Dakota.
Having taken the time to understand in full, some of the issues being raised by those citizens in Butte County, the crux of the argument is the fact that the voters had disproved of using marijuana all throughout their county. However, despite this fact, many people within the county, both public and private persons, have manipulated, and intentionally gained from the process of growing, manufacturing, and distributing marijuana within the county, despite the opinion of the voters of the county, and this has led to a gross negligence of public duties by public officials, officers, and individuals of the county itself.
As per Mr. Travis Ismay, “I would be happy to give you my opinion of many troubling and downright illegal sections of 34-20G”
His comments are directly, in due respect to and of the constitution itself, of which protects our right of petition, giving to the people the right to peacefully assemble, to consult for the common good, and make known their opinions, of which may never be abridged, and of which every person may freely speak, write, and publish on all subjects. The truth, when published with good motives and for justifiable ends, shall be a sufficient defense
The facts of which we have now gathered, since the voters adopted S.D.C.L 34-20G in 2020, is that only in eight S.D Counties, do the people fully, and wholey, support the full legalization of marijuana, meaning, in the other fifty-eight counties, the people should respectively have the right to self govern, and restrict marijuana use in their municipalities, townships, and local subdivisions as they so choose.
If we are a true, honest, and respectful “Free Republic” – then we must place the matter of Medical Marijuana back on the ballot for the 2024 Statewide Election, giving to the ‘voters’ a second chance to get the law corrected, of which the people of the State have expressly made their voices heard in 2022.
Written By: Mike Zitterich
Sioux Falls Community Chronicle
Sioux Falls Community Chronicle