One of the most anticipated events in cannabis law happened yesterday. The South Dakota Supreme Court finally heard arguments on both sides of Amendment A. This amendment received 54 percent of the vote in the last election. Since it received a majority vote, the amendment passed and would take effect on July 1st. However, shortly after the vote count became finalized, Highway Patrol Superintendent Rick Miller filed a lawsuit against Amendment A on behalf of Governor Noem.
Arguments Against
Governor Noem has been against cannabis legalization and reform of any sort since both Amendment A and IM 26 became placed on the ballot. But the lawsuit came after the election, which brings into question if the lawsuit is really about how the amendment was written and approved, or if it’s really about cannabis legalization.
Lisa Prostrollo, one of Governor Noem’s lawyers, argued that the process for getting a measure on the ballot was unclear. They also didn’t know how the general public would respond. Prostrollo also argued that challenging the amendment before the election would have been “a waste of judicial resources.”
Arguments For
Brendan Johnson, a Democratic sponsor of Amendment A, said that challenging something that the people approved after it’s election could be seen as a violation of voters and what they clearly approved. His other argument was that Amendment A was not in violation of the single subject amendment in South Dakota’s state constitution. “Did we violate the single-subject rule? We. Did. Not.”
But one justice said that she counted 15 subjects and 55 sub-subjects within Amendment A. By her reading, Amendment A did violate this single subject rule.
Future
Amendment A is set to begin July 1, along with IM 26. The justices are expected to give a verdict before then, but there is no clear timeframe on when that may be. But whatever the verdict, it will not affect the validity of IM 26. That will begin on July 1st. Now it’s time to wait and see what the South Dakota Supreme Court Justices decide for Amendment A.
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