North Dakota activists have turned in what they believe to be more than enough signatures to put a marijuana legalization initiative on the November ballot.

New Economic Frontier said on Monday they submitted 22,444 signature to qualify the measure. In order to make the ballot, they will need at least 15,582 of those to be valid.

The campaign previously announced that it had reached the halfway point for signatures last month.

A recent poll signals that the campaign has its work cut out for them, however, with a majority of likely North Dakota voters opposing the cannabis measure as activists neared the finish line to collect enough signatures for qualification.

The survey from the founder of independent political action committee Brighter Future Alliance found that 57 percent of voters are against the cannabis reform measure, compared to 43 percent who are in favor.

New Economic Frontier filed its initiative with the state and formally launched the campaign in April.

Under the legalization measure, adults 21 and older would be able to possess up to one ounce of marijuana flower, four grams of concentrate and 300 milligrams of edibles that they could buy from a limited number of licensed dispensaries. Adults could also grow up to three plants for personal use, with a six-plant cap per household.

The state Department of Health and Human Services or another agency designated by the legislature would be responsible for regulating the program. Regulators would need to establish rules to implement the law by October 1, 2025.

North Dakota voters rejected an earlier cannabis legalization proposal at the ballot box two years ago.

The new proposal would limit regulators to approving licenses for up to seven cannabis manufacturers and 18 retailers. There are also provisions meant to avoid creating intrastate monopolies, such as limiting licensees to no more than four dispensaries.

Currently, there are eight medical cannabis dispensaries operating in North Dakota. The initiative requires regulators to develop separate application processes for those businesses to become dual licensees and non-existing companies that wish to become recreational operators.

Unlike other legal states, the proposal in North Dakota doesn’t appear to contain criminal justice reform components favored by equity advocates such as expungements or licensing prioritization for people harmed by the drug war. It also doesn’t seem to contain any references to a proposed tax scheme for legal sales.

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In 2021, North Dakota’s House approved a marijuana legalization bill sponsored by Rep. Jason Dockter (R), but it was ultimately defeated in the Senate after advancing through committee.

Following that defeat, some senators devised a new plan to advance the issue by referring it to voters on the 2022 ballot. The resolution moved through a key committee in 2021, but the Senate also blocked it.

There have been repeated attempts by activists to enact legalization in the Peace Garden state over the years.

Advocates with the separate group North Dakota Cannabis Caucus started collecting signatures to qualify a constitutional amendment legalizing cannabis for the 2022 ballot, but they did not gather enough by deadline.

New Approach ND previously led an effort to place a legalization measure on the 2018 ballot that was defeated by voters. They filed another initiative for 2020, but signature gathering complications largely caused by the coronavirus pandemic got in the way.

North Dakota voters approved a medical cannabis ballot measure in 2016.

Last year, North Dakota’s governor signed a bill allowing patients admitted to hospice care to self-certify as medical marijuana patients.

The North Dakota House of Representatives also approved a resolution last year that encourages residents to buy U.S. flags that are made out of hemp and manufactured in the state.

Federal Report Looks At Improving Marijuana And Hemp Testing To Detect Cannabinoids, Toxic Elements And Moisture 

Photo courtesy of Chris Wallis // Side Pocket Images.

SIOUX FALLS, S.D. – A political border war between South Dakota and Minnesota on how to handle tax policies, abortion and the pandemic response could spill over into renewable energy and the future of coal plants.

At issue is the pace with which gas and electric companies can transition away from fossil fuels without compromising reliability and affordability for customers, and what role government plays in those calculations.

That reliability was tested several times over the past few years, including during a winter storm in January that nearly caused rolling blackouts, one South Dakota official said.

The Democratic-controlled Minnesota Legislature passed a law in 2023 requiring all electric utilities in the state to produce only carbon-free energy by 2040 using sources like solar, wind, hydroelectric and nuclear power. 

Xcel Energy, whose 3.7 million electrical customers include about 100,000 South Dakotans, is based in Minneapolis, so that law applies to the utility.

The South Dakota Public Utilities Commission, consisting of three elected Republicans, sent a letter to Xcel in January asking the company to reverse plans to close several coal-fired power plants ahead of schedule as part of its transition.

“Evidence is mounting that the premature closures … will elevate the risk of electricity outages particularly in tight load hours, including hours of extreme cold and extreme heat, as well as those hours when wind generation is low,” the letter stated. “These events are likely to pose a threat to life and property.”

The company stuck to its timetable, which includes replacing the coal plants with solar projects in the next few years, a plan approved by the Minnesota Public Utilities Commission.

Minnesota PUC commissioner: ‘Massively frustrating conversation’

More recently, members of Minnesota’s PUC clashed with utility company Otter Tail Power over its decision to amend its long-range plan to push back closures of coal plants – including Big Stone near Milbank, in northeast South Dakota – until at least 2040.

The Minnesota PUC approved Otter Tail’s Integrated Resource Plan on May 30 after concessions that included the company no longer using its North Dakota-based Coyote Station plant for Minnesota customers beyond 2031.

Otter Tail’s most recent modeling projects a retirement date of 2046 for South Dakota-based Big Stone, which started operation in 1975 and burns coal from Wyoming’s Powder River Basin.

“I just find this to be a massively frustrating conversation,” Minnesota PUC Commissioner Joe Sullivan said at the May 30 meeting . “I sympathize with Otter Tail because you have two different jurisdictions that look at the world differently. But if (Coyote Station) were in Minnesota, we’d say, ‘Otter Tail, it’s time to pull out.’”

Otter Tail, which serves about 130,000 electricity customers in Minnesota, North Dakota and South Dakota, addressed the delicate balance of transitioning to renewable energy when submitting its 2022-36 plan to state PUCs.

“Shifting the generation fleet’s focus to dispatchable gas resources and away from coal will help to improve operational flexibility while hedging market risk,” the report said. “That said, it is also necessary to ensure fuel-secure generation is available for those times when self-generation is necessary to maintain reliability of the system.”

South Dakota opposes new EPA rules

Disputes about the urgency of ditching fossil fuels for clean energy start at the federal level, where the Environmental Protection Agency (EPA) follows protocols in line with the party that controls the White House.

The EPA released new rules April 25 that elevate pollution controls for the coal industry, impacting wastewater discharge, the handling of coal ash and carbon emission limits. EPA Administrator Michael Regan, appointed by Democratic President Joe Biden, called it a “defining moment” for the agency.

South Dakota joined 22 other states in asking a federal court to review the new standards, which North Dakota Attorney General Drew Wrigley said were intentionally set “to destroy the coal industry.”

In a statement to News Watch, South Dakota Attorney General Marty Jackley referenced a recent Supreme Court decision that reversed the landmark 1984 Chevron ruling, eroding much of the power of federal agencies such as the EPA to interpret laws they administer, leaving that to the courts.

“The EPA’s directive and attack on fossil fuels is another example of a federal agency creating undue burdens on states and private businesses without proper authority while Congress does not act,” Jackley wrote. “The Supreme Court ruling in the Chevron case is aimed at addressing this type of action by the federal bureaucracy.”

SD 8th in per capita energy consumption

The Inflation Reduction Act passed by Congress and signed by Biden in 2022 included $370 billion in tax credits and other support for clean energy initiatives.

South Dakota has increased its wind energy production to 55% of in-state net power generation, a larger share than in all other states except Iowa, according to the U.S. Energy Information Administration (EIA). Other power sources include hydroelectric (29%), coal (10%), natural gas (6%), oil (0.3%) and solar (0.01%).

But South Dakota ranks eighth among U.S. states in energy consumption per capita, with 31% of households using electricity to heat their homes during frequently harsh winters.

South Dakota sees new interest in solar power

Despite being home to wide-open spaces and abundant sunshine, South Dakota ranks 47th in the nation for production of solar power.

Dependability of resources and rising energy costs are where Kristi Fiegen, chair of the South Dakota PUC, centers her concerns amid talk of climate change and reducing greenhouse gases, she told News Watch in a phone interview.

“When I talk about reliability of the grid, I want dispatchable generation of electricity for customers in South Dakota,” said Fiegen, who is up for re-election in 2024. “Non-dispatchable energy (wind and solar) is reliant on the weather. And when it’s reliant on the weather, we don’t when we turn on the lights if it’s going to be there.”

Winter storms tested the power grid

Fiegen, who was first elected to the PUC in 2011, helps regional transmission organizations (RTOs) maintain and monitor the electrical grid, which was pushed to the limit during recent winter storms that nearly caused rolling blackouts.

The 61-year-old Chancellor native holds leadership roles in the Southwest Power Pool (SPP), a nonprofit organization that manages electric transmission for parts of 14 states, including South Dakota.

South Dakota is also part of the 15-state Midcontinent Independent System Operator (MISO), which helps ensure energy distribution regardless of whether a customer uses Xcel, MidAmerican Energy, Black Hills Energy, NorthWestern Energy, Otter Tail or another utility company.

Cooperation between these and other RTOs nationally was critical during Winter Storm Gerri, which brought brutally cold air and blizzard conditions to much of the Midwest in January.

“During that storm we got 7,000 megawatts (of electricity) from the East to help us keep the lights on,” said Fiegen. “If we hadn’t gotten that, we would have shut off lights in January during the first week of (legislative) session.”

A year earlier, in December 2022, Winter Storm Elliot led MISO to declare a maximum generation event due to higher-than-expected electricity consumption and loss of production from natural gas facilities due to freezing, mainly in the South. Similar problems emerged during a 2021 winter storm that rocked Texas and shut down power.

“Since those events, we’ve devoted a lot of time to resource adequacy,” said Fiegen, who serves alongside fellow Republicans Chris Nelson and Gary Hanson on the PUC. “We believe in clean energy, but our No. 1 goal as commissioners in South Dakota is to have reliable and cost-effective electricity for our customers.”

‘It’s a life and death issue, not convenience’

Coal was replaced by natural gas as the largest energy source in the United States in 2016, with natural gas now making up 39% of electricity generation compared to 20% for coal.

Transitioning to solar and wind too quickly could impact the reliability of the electrical grid in extreme conditions, the North American Electric Reliability Corp. (NERC) stated in its 2023-24 Long-Term Reliability Assessment.

“There is a need for dialogue among a broad group of stakeholders when policies and regulations have the potential to affect future electricity (capabilities),” the study said. “Regulations that have the potential to accelerate generator retirements or restrict operations must have sufficient flexibility and provisions to support grid reliability.”

That report was cited by South Dakota’s PUC in its letter to Xcel Energy, which responded that it shares the commission’s reliability priorities and will be adding solar and wind capacity as well as dispatchable energy through nuclear and hydrogen-ready combustion turbines.

The company’s stated goal is to provide customers with “100% carbon-free electricity by 2050 and reduce carbon emissions from its operations 80% from 2005 levels by 2030.”

South Dakota PUC member Nelson told News Watch in April that there will always be a need for electric power generated by coal, natural gas or other sources that don’t let up when the weather turns still or cloudy.

“I do expect we’re going to see a pretty significant increase in the amount of solar and wind because we really need to keep a diversity of power generation sources,” Nelson said. “But there’s going to be times when the wind isn’t blowing and the sun isn’t shining, and we need to have some way to generate electricity during those times. When it’s 25 degrees below zero, you want your house to stay warm because at that point it’s a life and death issue, and not a convenience issue.”

This story was produced by South Dakota News Watch, a nonpartisan, nonprofit news organization. Read more in-depth stories at sdnewswatch.org and sign up for an email every few days to get stories as soon as they’re published. Contact Stu Whitney at stu.whitney@sdnewswatch.org.

SIOUX FALLS, S.D. (Dakota News Now) – SD Lonewolf survives Sunday’s best, winning and walking-off Smitty’s Terminators 5-4 to claim the top spot in the 18U Division of the 47th Ringneck Invitational.

In the championship game, Liliana Arreola singled to bring in the winning run as the Mitchell-based team topped the field.s

Four South Dakota based teams entered the final day of competition seeded in the “A” bracket, vying for the top spot.

SD Phoenix went up against Valley Sports Academy Guardians 16U in the first round, falling 6-2 and ending their run.

On the other side of the bracket, Sanford Sports Academy 18U dispatched of the Wayne Dirt Devils 6-4 in the first round, before setting up a match with Smitty’s Terminators in the quarterfinals. Despite starting the game up 4-0, Sanford Sports Academy couldn’t hold on to the lead and ultimately fell 7-5.

Brookings Outlaws 18U meanwhile made a strong run in the final day, first taking a 13-6 win over Nebraska Venom Gold 18U. They then moved on to face Valley Sports Academy Guardians 18U, battling into late in the game to squeeze out a 9-8 win. They didn’t have enough left in the tank when facing SD Lonewolf, getting shut out 7-0 in the semifinals.

SD Lonewolf, making the charge to the championship game, started their run defeating Nebraska Quakes Gold 16U 15-3. After defeating Valley Sports Academy Guardians 16U, they shut out Brookings Outlaws 7-0. en route to their championship win. Abi Tweedy launched three home runs in the game over Brookings to help propel their offense.

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