PIERRE, SD – Backers of legal marijuana will respond to a lawsuit filed to stop adoption of “Amendment A” which was passed by South Dakota voters earlier this month.
Pennington County Sheriff Kevin Thom and Highway Patrol Superintendent Rick Miller are the plaintiffs in the court challenge to the constitutionality of the amendment.
Drey Samuelson, spokesman for “South Dakotans for Better Marijuana Laws” responded with a statement from their lawyers. “We are prepared to defend “Amendment A” against the lawsuit filed by Pennington County Sheriff Kevin Thom and Superintendent of the South Dakota Highway Patrol Rick Miller,” he said. “”Amendment A” was carefully drafted, fully vetted and approved by a strong majority of South Dakota voters this year. This coming week South Dakotans for Better Marijuana Laws will be filing to intervene in the case so that we can defend “Amendment A” against the lawsuit.”
Samuelson says they believe the amendment is clear. “The first theory claims that “Amendment A” is not limited to a single subject. But anyone who reads “Amendment A” can see that every word relates to the cannabis plan.” He added, “Furthermore, “Amendment A” follows the interpretation of the single subject rule used by the legislature. South Dakotans have a constitutional right to a ballot initiative process and it’s clear that “Amendment A” meets the single subject standard.”
Samuelson says they disagree on the constitutional issue. “The second theory claims that “Amendment A” was improperly enacted because it created a new article in the constitution as opposed to adding a section to an existing article. This manufactured distinction is unsupported in the law and is utterly insufficient as a basis for overturning a constitutional amendment approved by voters.”
The lawsuit was filed in Hughes County court but eventually will be decided by the state Supreme Court.
