Arguments filed in suit against legal pot in South Dakota
RAPID CITY, S.D. (AP) — More arguments are being filed in a lawsuit seeking to overturn a citizen-approved constitutional amendment legalizing marijuana in the state.
Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Rick Miller filed a lawsuit last month challenging the constitutionality of the amendment, which legalized the cultivation, transport, possession and sale of marijuana in in the state.
The Rapid City Journal reports plaintiffs are arguing in court filings that the amendment legalizing marijuana violates the South Dakota Constitution in harmful ways, while the defendants say it doesn’t and that the lawsuit was filed too late.
South Dakota in November became the first state to legalize recreational and medical pot on the same ballot, after supporters of the two measures joined forces and promoted them as a package deal.
The lawsuit claims the amendment violates the state constitution by not following the “one-subject rule” and because it’s not an amendment but a revision that needed to be approved through a constitutional convention
Lawyers for Thom and Miller say the amendment interferes with other legislative and judicial roles while impacting 22 existing provisions in the constitution. They said the lawsuit is proper.
Attorney General Jason Ravnsborg’s office this month asked a judge to dismiss the lawsuit.