Sheriff, highway patrol superintendent can't sue the state, say attorneys prior to South Dakota's marijuana showdown South Dakota's Supreme Court hears oral arguments on Wednesday, April 28 over whether voters' efforts to legalize recreational marijuana into the state's constitution last November were valid. Attorneys representing law enforcement say not. Written By: Christopher Vondracek | × PIERRE, S.D. — In briefs filed in advance of this Wednesday, April 28's showdown at the South Dakota Supreme Court in Pierre, attorneys representing the drive to legalize recreational marijuana continue to pound away that two law enforcement officials — a state patrol leader and county sheriff, who sued to overturn the constitutional amendment — are squarely out of their lanes as public servants in pursuing this legal action.