South Dakota residents approved a ballot to legalize cannabis last year by 54%. Challengers of the bill affirm that it effectively elevates the Department of Revenue’s power to that of a branch of the government, which would render the bill unconstitutional. A circuit judge already ruled in favor of the challengers and was praised for that action by the Governor, Kristi Noem. She expects the Supreme Court to follow that ruling in striking down the new cannabis legislation as unconstitutional. The bill was passed by 54%, representing over 400,000 votes that would be thrown out. The Supreme Court could uphold the bill as it stands, remove pieces to make it constitutional, or completely strike it down.
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