Former South Dakota Prosecutor Supports Measure 29
Time for South Dakota to quit wasting millions fighting marijuana
Published in the Dakota Scout on October 25, 2024.
Greetings, South Dakota! My name is Heather Plunkett. I grew up in Sturgis and have been a lawyer and member of the South Dakota Bar Association since 2009. I served as a prosecutor in South Dakota for six years.
During that time, it became clear to me that marijuana enforcement was a waste of public resources and that it should be regulated in a way that makes sense instead. For example: If the concern is marijuana packaging and products aimed at kids, then regulate that. If the concern is marijuana potency, then regulate that. And, obviously, tax marijuana highly and use the money for youth education and prevention.
I also concluded that marijuana should be legalized because it is the right thing to do. Several factors contributed to that conclusion. But primarily it came from conversations with fellow public servants including lawyers, judges, and police officers. Not one public servant that I spoke with expressed concern about the average marijuana user. In fact, I told a local judge that I believed marijuana should be legal. He said, “So do I, but you can’t say that in public.” I was disappointed. I was disappointed that although the people I worked with in the justice system agreed that the average marijuana user was not a problem, they were unwilling to do anything about it publicly. I felt I had a professional responsibility to use my voice and my experience to speak the truth and seek justice on this issue.
After five years of faithful service as a prosecutor, I became frustrated with my job. Specifically, I was annoyed with self-serving politicians and the inner workings of the justice system. There came a point when I decided to visit Colorado. I was fed up and stressed out, so I made up my mind to go to Colorado and use marijuana, legally. Until that point, I hadn’t used marijuana at all since becoming the State’s Attorney. I went to Colorado, and I used a small amount of marijuana. I instantly felt relaxed and have no regrets about that choice. However, I probably should have resigned at that point.
But I didn’t. After visiting Colorado, I became even more outspoken about marijuana legalization. In 2014, I had a conversation with two senior law enforcement officers. They agreed that within 20 years marijuana would probably be legal everywhere in the U.S. My suggestion was that law enforcement, prosecutors, and public defenders should take the lead on marijuana reform. I argued that since we agree marijuana legalization is inevitable, we should come together as public servants and figure out how to regulate it in a way that makes sense. I was met with refusal and utter disdain by one of the agents.
Shortly after that conversation, I was visited by the Executive Director of the South Dakota State’s Attorney’s Association and the Director of the South Dakota Division of Criminal Investigation. I remember their visit felt very patronizing. I was told that if I thought I was going to fix any of these problems, I was wrong. The visit was essentially a warning to fall in line and stop advocating for marijuana legalization or resign. I was disappointed because those agents were unwilling to see past their pride and acknowledge the bigger picture.
After that meeting, I finally realized that it didn’t matter if I was right. The outdated policies and false beliefs about marijuana were so deeply rooted in Pierre that it was clear any reform to the marijuana laws would have to come from the bottom up. A year after that visit, I was served a search warrant at my home. After eight hours, I was arrested for a small amount of marijuana and suffered consequences that an average marijuana user should never have to face.
I strongly urge the voters of South Dakota to consider the following: it's been 10 years, and you are in the same place. Your public servants continue to waste time and money on marijuana enforcement when they should be developing policies that make sense. Why wait another 10 years? Pursue justice now. Legalize marijuana and regulate it in a way that makes sense because it’s the right thing to do. Vote YES on Measure 29!
— Heather Plunkett
