PIERRE, S.D.(WNAX)- The South Dakota Supreme Court ruled last week that Amendment “A” approved by voters last year was invalid.
The Justices found the measure that legalized marijuana violated the single subject rule of the state constitution.
In their opinion the Court ruled, in a 4-1 decision, that the Amendment violated the single subject rule of the state constitution.
USD Law School Dean Neil Fulton says the Supreme Court went in a different direction than the circuit court.
Fulton says the ruling could apply to other cases.
The Court found that the Amendment embraced three separate and distinct subjects: recreational marijuana, hemp, and medical marijuana.
Supporters of the Amendment say all of those relate to cannabis. Fulton says they do have a point.
The Court also noted that they didn’t find any other state where recreational marijuana, hemp, and medical marijuana were approved in a single vote.
Representative Mike Stevens of Yankton says initiatives and referendums have to follow the same rules.
Stevens, a lawyer, says equal protection is also at stake.
Stevens says the Supreme Court Justices addressed many of the questions being raised.
An interim committee studying marijuana has bills legalizing marijuana that may be introduced in the next session of the legislature in January.