Citizens are getting anxious waiting for the South Dakota Supreme Court to release their verdict on voter approved Amendment A. The court heard Amendment A’s case at the end of April, and now in August there is still no decision. The only announcement made has been that the court would release their decision after July 1, which was the day recreational cannabis legalized under Amendment A was to take effect. 

Now beyond that, invested citizens and activists are becoming aggravated at the long drawn out legal process that is taking longer than necessary. Experts, however, say it’s still too soon for a statement. 

Response

Former South Dakota Attorney General Marty Jackley spoke about why there is such a delay from the Supreme Court when deciding Amendment A. “I would suggest when you have a case of this magnitude and it deals with the constitution, this is the same single subject rule that came into play very recently, there isn’t a lot of case law on it. It will take a while for a well reasoned decision from the Supreme Court.”

Another expert is Neil Fulton. He is the Dean at the University of South Dakota School of Law. He says it’s not uncommon for rulings to take several months, if not a full year or more to receive a verdict. To expect a verdict in the next 60 days from now is still unlikely. But why do verdicts take so long to come by, especially for Amendment A?

“The court will get some cases where the law is clear … and can be disposed of quickly, but this is a completely untouched area of law. It’s the first time the Supreme Court is wrestling with that. Their decision will have an impact on any proposed revision in the future, so it’s really important they make sure they get it right,” Fulton said.

Amendment A’s case is the first time that recreational cannabis, along with the constitutional single-subject clause, have been debated thoroughly in South Dakota. The decision from these Justices will set a precedence in the state and across the country. The decision is not something to take lightly, and it seems the Justices are taking that into consideration as well. 

Future

Fulton is excited that there are engaged and interested citizens across South Dakota. “My advice to South Dakotans would be to be patient. I’m glad people are watching this. It’s good when citizens are attentive and informed,” Fulton said.

Additionally, Attorney Jackley spoke about waiting for a decision. “I’ve sometimes told clients when they are anxious to get a decision,” he said.  “We would rather have a well reasoned, well thought out decision that gets it right, rather than a hurried up decision.”

It looks like a decision on Amendment A is still a ways off in the distance. But like Jackley said, a well reasoned decision is better than a hurried one. When a verdict is published, we will update you with the latest.

Make sure to check back for more cannabis and hemp related news.