PIERRE, S.D. (KELO) — Counties and municipalities in South Dakota can’t get out of having to license medical cannabis establishments.

So says the South Dakota House of Representatives.

Legislation that would have let local governments pass exemption ordinances failed on Monday afternoon, on a 31-33 vote.

HB 1095 needed at least 36 to advance to the Senate for further consideration.

South Dakota voters approved the statewide requirement two years ago as part of legalizing medical cannabis. IM 26 received 70% support.

“Follow the will of the people,” House Democrat leader Jamie Smith of Sioux Falls urged Monday.

“We talk about the will of the people, but not every county voted for medical marijuana,” responded the bill’s sponsor, Representative Rhonda Milstead, R-Hartford.

IM 26 passed in 63 of 66 counties. It lost in Douglas, Haakon and Harding counties.

Milstead, whose husband is the Minnehaha County sheriff, also fell short Monday in her attempt to get HB 1094 added to the House calendar for debate. The vote was 32-32. She needed 36.

It sought to broaden places where possessing cannabis or using it for medical purposes would be prohibited, including vaping in the outside area of private property within 1,000 feet of school property.