South Dakota continues to wait on a Supreme Court decision for Constitutional Amendment A. The amendment is a voter-approved initiative formerly struck down in a lower court six months ago. It would legalize adult use, possession, and sale of cannabis on July 1st.
Via Unsplash
Although 54% of South Dakota voters decided to legalize weed, it is yet to come to fruition. After the vote Republican Governor Kristi Noem initiated a litigation in pursuit of deeming the law unconstitutional. In February, Judge Christina Klinger of the state’s Sixth Judicial Circuit Court ruled in favor of Kristi’s challenge.
All in all, she claimed the measure violated state requirements; specifically, that the ballot measures did not encompass more than one topic. The law remains out of effect until the Supreme Court either upholds or reverses the lower court’s decision. Advocates of the Amendment challenged the judge’s ruling and the Supreme Court heard arguments in the case in April.
The Smoke Must Go On
In the meantime, members of a legislative subcommittee found a compromise. They propose legislation that seeks to legalize the possession of small amounts of cannabis by adults, but prohibits outdoor commercial cultivation operations, as well as growing cannabis at home.
Most recently, subcommittee members of the Marijuana Interim Study Committee recommended rescinding provisions in the law permitting patients the option to home-cultivate cannabis. A spokesperson for the Governor indicates that she remains opposed to any efforts to legalize cannabis for adult-use purposes.
South Dakota activists have begun obtaining signatures to legalize cannabis on the ballot for voters next year. Their proposed measure would permit cannabis possession, sales, and home cultivation (under certain circumstances). Advocates said they will drop their 2022 initiative campaign if the Supreme Court elects to uphold Amendment A.
Last November, South Dakota voters decided in favor of Measure 26. It’s a separate ballot measure regulating medical cannabis access by qualified patients. Regulators aren’t expected to begin issuing identification cards to patients until May 15, 2022, as the operations haven’t started.
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