Still no decision from S.D. Supreme Court on adult-use cannabis as lawmakers move ahead

Capitol News Bureau
KELO Court Gavel

PIERRE, S.D. (KELO) — The South Dakota Supreme Court released two opinions Thursday morning but again didn’t address Amendment A, regarding whether its sponsor took the correct path to put adult-use marijuana measure on the 2020 ballot and whether it violated the state’s single-subject rule.

The state’s high court publicly releases decisions on Thursdays. Justices heard the oral argument April 28. One of the decisions that came out Thursday was argued April 27. The other was considered on briefs filed May 25.

The Legislature’s adult-use marijuana subcommittee meets Friday to hear Colorado perspectives on its experience as a legal-marijuana state.

The subcommittee’s chair, Representative Hugh Bartels, said at the panel’s September 1 meeting that South Dakota should be prepared in case Congress takes marijuana off the federal controlled-substances list.

South Dakota voters supported Amendment A 54-46% in the November 2020 election. Governor Kristi Noem successfully challenged it afterward, with Circuit Judge Christina Klinger agreeing with her lawyers’ argument. It was supposed to take effect July 1, 2021.

South Dakota voters also passed IM 26 in November, legalizing use of medical cannabis, 70-30%. The South Dakota Department of Health presents adopted regulations to the Legislature’s Rules Review Committee on Monday. The department faces a November 18 deadline to start issuing cards to users.

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