PIERRE, S.D. -- Documents were filed Monday to seek a statewide public vote on a proposed law that would legalize marijuana in South Dakota as a medical treatment for severe and chronic pain.
If supporters get 16,776 valid petition signatures by April 6 next year, the proposed law will go on the general election ballot in November 2010.
A similar measure narrowly failed after getting about 48 percent of the vote in the 2006 election. But one of the organizers of this year's effort said supporters now have a strong coalition of patients, doctors, former law officers and others who will work to gather petition signatures and get the measure passed.
"They know this law is best for South Dakota versus what we have now, which calls these patients criminals," said Emmett Reistroffer of Sioux Falls.
Reistroffer said he got involved in the petition drive because his mother suffers from Lupus, a chronic inflammatory disease that can affect various parts of the body such as joints, skin, blood and kidneys. Symptoms include extreme fatigue, headaches and painful or swollen joints.
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Reistroffer said marijuana is the only thing that alleviates his mother's symptoms.
Reistroffer, 19, graduated from high school a year ago and is now working full-time to get the medical marijuana measure on the ballot. He plans to start at the University of South Dakota this fall in political science, but said he also plans to take the fall 2010 semester off so he can work on the campaign.
The new proposal is similar to the 2006 ballot measure and a bill that was rejected earlier this year by the South Dakota Legislature.
The proposal would legalize the limited use of marijuana to treat severe debilitating pain, nausea, seizures and other medical problems. Those eligible would include people suffering from cancer, glaucoma, AIDS, multiple sclerosis, and other diseases.
Supporters have argued that marijuana is effective in easing pain, muscle spasms and the nausea that can accompany chemotherapy treatments for cancer.
However law enforcement officials have opposed the effort to legalize marijuana for medical use, saying such a move would lead to increased use by teenagers. Marijuana also can cause loss of energy and motivation, moodiness and difficulty in concentration, opponents argue.
Even if South Dakota legalized medical marijuana, users and caregivers could be charged with federal offenses because federal law continues to outlaw the drug, law enforcement officials have said.
