South Dakota Judge Rules Recreational Marijuana Measure Unconstitutional

After months of anticipation, a judge has ruled that the state’s recreational marijuana measure is unconstitutional. The judge noted that the measure overstepped the power of the executive branch. In determining whether the measure is unconstitutional, the court said, the Legislature should have been the one to decide. In his opinion, the legislature should have done so first, before passing a recreational marijuana law.

The judge found that the amendment violated the one-subject requirement of Article XXIII, SS 1 and should have been submitted through a constitutional convention instead. The South Dakota Supreme Court affirmed the circuit court’s decision, stating that the amendment was unconstitutional because it contained provisions related to three separate subjects: hemp, medical marijuana, and recreational marijuana. Even though the state passed the measure by more than two-thirds, the judge’s decision still stands.

The South Dakota Supreme Court upheld the decision from the State’s sixth circuit court that struck down the voter-approved recreational marijuana measure. Voters approved the measure in 2018, and it is now expected to be on the ballot in 2020. The state’s constitutional amendment prohibits the inclusion of more than one subject. Interestingly enough, the proposed amendment included medical marijuana and hemp. The decision is a victory for the marijuana industry in South Dakota.

The decision makes the state’s legalization of recreational marijuana a step closer to reality. Although South Dakota voters overwhelmingly approved the measure last fall, a judge found it unconstitutional. The law will now not take effect until the appeal process is complete. In the meantime, supporters of the amendment are preparing an appeal to the South Dakota Supreme Court. This decision is not final, but it is a clear indication of what will happen in the future.

While there are no immediate plans to legalize recreational marijuana in South Dakota, it remains possible to pass a medical cannabis program in the state. However, the legalization of marijuana is a complicated process that buying marijuana seeds usa will continue to face obstacles for the state. For now, South Dakota will focus on implementing a medical cannabis program. However, the legalization of recreational marijuana in South Dakota will have to wait until 2023.

The ruling follows a lower court’s ruling that nullified Amendment A, which would have legalized recreational marijuana use in South Dakota. The ruling comes as no surprise. The state’s voters approved Amendment A last November, but the cannabis Republican governor led a legal campaign to overturn the law. The Noem administration’s arguments revolved around technical violations of the state constitution. Therefore, the amendment should not have become law in South Dakota.