Choose rejects voter-approved hashish legalization transfer in South Dakota

A judge in South Dakota ruled against a voter-approved amendment to the state’s constitution to legalize recreation Cannabis in South Dakota. The lawsuit against Amendment A was filed by the Superintendent of the South Dakota Highway Patrol Rick Miller and Pennington County Sheriff Kevin thom. According to Argus Leader, a local news agency, “The legal fees Miller charges for challenging the change will be paid by the state of South Dakota on the orders of the governor Kristi Noem. ”

In the ruling Circuit Court Judge Christina Klinger The approved amendment contradicts the state’s requirement that constitutional amendments affect only one problem. Klinger also alleged the move too disrupted the South Dakota government’s operations, including its handling of corporate licenses, taxes and hemp cultivation.

“Amendment A is unconstitutional because it contains several issues that are being violated [the South Dakota Constitution] and it is therefore void and has no effect, ”said Klinger in the decision. “In addition, Amendment A is a revision as it has far-reaching implications for the fundamental nature of the South Dakota system of government. As a result, Amendment A had to be passed on to voters under the in [the South Dakota Constitution]. Failure to table Amendment A under the proper constitutional process will invalidate the amendment and will have no effect. “

As expected, members of the cannabis industry were not happy with the court’s decision, especially as the decision overturns a change approved by 54 percent of voters in November.

“Opponents of legalization cannot succeed either in the public opinion court or at the ballot box,” said the deputy director of NORML Paul Armentano said. “So they are now trying to overturn the election results and are desperately trying to uphold the cannabis ban. Whether or not you support marijuana legalization, Americans should be outraged by these openly undemocratic tactics. “

The South Dakotans for Better Marijuana Laws Election Committee planned to appeal the verdict. “We disagree with the ruling and are preparing our appeal to the South Dakota Supreme Court,” the group said in a Facebook post.

Noem has spoken out loudly against almost all forms of cannabis legalization. In 2019, she threatened to veto a law to legalize hemp as it was a disguised legalization of recreational cannabis.

“Industrial hemp legalization legalizes marijuana by default,” Noem said at the time.

Before Amendment A was repealed, as of July 1, South Dakota would no longer have small amounts of ownership illegal. This will no longer be the case unless Klinger’s decision is overturned by a higher court. Noem seems to expect the state’s highest court to approve her.

“Today’s decision safeguards and safeguards our constitution,” said Noem. “I am confident that if the South Dakota Supreme Court is also asked to deliberate, it will come to the same conclusion.”

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