In a late Friday afternoon story, Joe Sneve reports for the Sioux Falls Argus Leader in Attorney General asks judge to dismiss lawsuit challenging legal pot in South Dakota:
South Dakota's top law enforcement officer says a measure legalizing marijuana in the state is legal and a lawsuit challenging it should be tossed out.
In a response filed in Hughes County Court Thursday, the office of the Attorney General asked a judge to dismiss the case being brought by Pennington County Sheriff Kevin Thom and Highway Patrol Superintendent Rick Miller.
"The State respectfully requests that Contestants' Election Contest be denied in all respects and that Contestants' Complaint be dismissed with prejudice, in its entirety, and judgement be entered in favor of the state," reads the filing authored by Assistant Attorney General Grant Flynn.
The plaintiffs argue that Constitutional Amendment A, which legalizes the possession, distribution, transportation and cultivation of cannabis in South Dakota and passed in last month's election by an 8% margin, conflcits with existing language in the state Constitution.
First, they allege that it encompasses "a multitude" of topics beyond legalizing recreational marijuana, arguing that it also deals with hemp, medical marijuana, taxation and licensing.
But the Attorney General's Office doesn't see it that way.
"The State denies that Amendment A includes a 'multitude' of different subjects," Flynn wrote. . . .
About a week and a half ago, Sneve had asked the question, Can legal marijuana get a fair shake in court with an anti-pot attorney general?
Apparently yes.
At Dakota Free Press on Friday morning, Cory Allen Heidelberger reported that in a SDPB appearance on Wednesday, Amendment A leader Brendan Johnson [said] Amendment A Challengers Should Have Filed Lawsuit Before the Vote.
We'll be watching to see how the Attorney General's office throwing a ban hammer at the lawsuit comes down.
Related posts:
- Big Stone County MN sheriff not fully aware of what SD cannabis law says, shares fears anyway
- Rapid City letter-to-editor writer objects to Governor Noem's anti-cannabis nanny state
Photo: Cannabis plants in a greenhouse.
If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the paypal subscription button.
Or you can contribute via this link to paypal; use email [email protected] as recipient
Comments