Ballot effort to decriminalize pot about to begin

A group wanting to decriminalize the possession of less than an ounce of marijuana in South Dakota says it will start seeking signatures statewide in seven to 10 days to put the issue on the November 2016 ballot.

Members of South Dakotans Against Prohibition said Thursday that they intend to get well beyond the 13,871 signatures needed by a Nov. 9 deadline to put the matter to a public vote.

"We'll get far more than we need so if we lose a few, it's not going to screw up our chances," Ryan Gaddy, an administrator for the group, said.

His pronouncement came a day after Attorney General Marty Jackley released an explanation of the initiated measure, which if passed would remove potential jail time for possession of 1 ounce or less of marijuana and marijuana paraphernalia.

In his explanation, Jackley warned that the purpose and effect of many provisions of the measure are unclear and will require legislative or judicial clarification if it is approved.

But Gaddy said the only clarification he's aware of is in South Dakota Codified Law 22-42-6, where a provision would need to be added spelling out that possession of 1 ounce or less would result in a civil fine of $100 and not a misdemeanor conviction.

Under current law, Gaddy said possession of 2 ounces or less of marijuana is a Class 1 misdemeanor with a maximum penalty of a year in jail or a $1,000 fine.

Among those at Thursday's announcement was Dawn Van Ballegooyen of Brookings, whose 17-year-old son, Brady Folkens, died in December 2013 after he had been sent to the State Treatment and Rehabilitation (STAR) Academy in Custer.

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While the state and Van Ballegooyen disagree on the cause of death — she said her son had an illness that was mistreated; the state said Folkens died of a medical issue — Gaddy said Van Ballegooyen's son likely would still be alive today if he hadn't been sent to the juvenile corrections facility for what he said was truancy and minor marijuana infractions.

"Her son is a victim of the state's prohibition" on marijuana consumption, Gaddy said. "He would still be with us today if these laws weren't putting people behind bars."

Decriminalizing minor recreational use of pot means law enforcement can concentrate on more serious crime "and ... getting back on the streets instead of taking that two hours to book somebody into jail," said Christian Haider, another member of South Dakotans Against Prohibition.

Gaddy said young people convicted of having small amounts of marijuana risk losing out on financing for college, or on being able to go into the military.

"We're not advocating that kids should have this," he said of marijuana. "But I don't believe they should be having their college potential destroyed over a sour choice they made as a teenager."

If his group succeeds in getting enough signatures, it would potentially be one of two marijuana-related issues on the November 2016 ballot. Three weeks ago, an effort to legalize medical marijuana in the state began collecting signatures.