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Thread: Judge Voids South Dakota’s Marijuana Legalization Initiative

  1. #1

    Thumbs down Judge Voids South Dakota’s Marijuana Legalization Initiative

    Judge Voids South Dakota’s Marijuana Legalization Initiative, Finding Voter-Approved Measure Was Unconstitutional

    By Ben Adlin
    February 8, 2021

    A South Dakota state judge has ruled that last year’s voter-approved initiative to legalize marijuana for adults 21 and over is unconstitutional and cannot go forward, though advocates plan to appeal.

    Judge Christina Klinger of the state’s Sixth Judicial Circuit Court ruled Monday that the measure, Amendment A, includes multiple subjects rather than a single issue as required by the state constitution. She also wrote that because the measure “has far reaching effects on the basic nature of South Dakota’s governmental system,” it should have been referred to voters through the constitutional convention process instead of as a simple amendment.

    “The failure to submit Amendment A through the proper constitutional process voids the amendment,” Klinger wrote in Monday’s ruling, “and it has no effect.”

    Brendan Johnson, sponsor of Amendment A and an attorney for South Dakotans for Better Marijuana Laws, told Marijuana Moment after the ruling that reform advocates will appeal Klinger’s ruling to the state’s highest court.

    “We disagree with the ruling,” said Johnson, a former U.S. attorney for South Dakota, “and we are preparing our appeal to the South Dakota Supreme Court.”

    For now the decision is a win for the law enforcement leaders who filed the challenge. The lawsuit has the backing of Gov. Kristi Noem (R), who has said that voters made “the wrong choice” by legalizing marijuana.

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  3. #2
    For now the decision is a win for the law enforcement leaders rape-caging, asset-seizing bandits who filed the challenge.
    Fixed it for them.

    [Gov. Kristi Noem (R) ...] said that voters made “the wrong choice” by legalizing marijuana.
    God bless Kristi Noem! It's wise and humble "public servants" like her (who know far better than the foolish peons they "serve" what's for the best and what isn't) that make American democracy the bestest system in the history of the whole wide world ...

    Frédéric Bastiat (1801-1850)

    • "When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law." - The Law (p. 54)
    • "Government is that great fiction, through which everybody endeavors to live at the expense of everybody else." - Government (p. 99)
    • "[W]ar is always begun in the interest of the few, and at the expense of the many."
      - Economic Sophisms - Second Series (p. 312)
    • "There are two principles that can never be reconciled - Liberty and Constraint."
      - Harmonies of Political Economy - Book One (p. 447)

    · tu ne cede malis sed contra audentior ito ·
    MOFA (Make Orwell Fiction Again)

  4. #3
    I'd rather decriminalize marijuana rather than make it legal.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  5. #4
    why not just make it meet the requirement of single issue in the first place to meet state law ?
    Do something Danke

  6. #5
    Get a figurative rope!
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Rand Paul (Vice Pres) 2016!!!!

  7. #6
    I have no problem with this as long as it has been enforced in the past. If other bills went through the same way and they were ignored that is a problem. If that did happen it should be easy enough to overturn other bills that restricted our freedoms. Should be any way.

    I wonder if the initial bill/law that made weed illegal in South Dakota is Constitutional in that it passed the same way?

  8. #7
    Quote Originally Posted by TheTexan View Post
    Get a figurative rope!
    REPORTED,with love

    why I should worship the state (who apparently is the only party that can possess guns without question).
    The state's only purpose is to kill and control. Why do you worship it? - Sola_Fide

    Baptiste said.
    At which point will Americans realize that creating an unaccountable institution that is able to pass its liability on to tax-payers is immoral and attracts sociopaths?

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