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South Dakota Judge Nips Recreational Marijuana In The Bud: Holds Amendment A Unconstitutional - Cannabis & Hemp

To print this article, all you need is to be registered or login on Mondaq.com. Last November, South Dakota voters approved Amendment A, which allowed for the recreational use of marijuana by individuals 21 years and older (and for possession of up to 1 ounce). On February 8, 2021, a South Dakota judge granted summary judgment in favor of law enforcement officers who filed a lawsuit on behalf of Governor Kristi Noem challenging Amendment A. In Thom v. Barnett (No. 32CIV20-187), the court held that the proposed amendment was unconstitutional and therefore void and without effect. The Court s Reasoning The court held that Amendment A violated the South Dakota

Amendment A plan legislation heads to SD State House

Amendment A plan legislation heads to SD State House Austin Goss © Provided by Sioux Falls(Mitchell) KSFY Retailers said the rollout was slow, but business has steadily picked up over the last three months. PIERRE, S.D. (Dakota News Now) - The South Dakota State Senate advanced a recreational marijuana legalization plan by a narrow margin of 19 to 16. However, the bill would only do so if Amendment A were to be upheld in the South Dakota Supreme Court. SB 187 was written to “establish criteria regarding marijuana” originally. However, it was a “hoghouse bill,” meaning effectively, it was written early on in the state legislative session and intended to be a way to include whatever marijuana legislation the sponsor wants in it.

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