Law360 (April 27, 2021, 8:21 PM EDT) — A bid backed by South Dakota Gov. Kristi Noem to strike down a voter-approved measure to legalize recreational marijuana will get a hearing before the state’s Supreme Court on Wednesday, a potential bellwether for how courts may consider similar challenges in other states.
The case pits the advocacy group South Dakotans for Better Marijuana Laws, or SDBML, which has intervened in the case, against two law enforcement officers who brought the action on the state’s behalf: Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Col. Rick Miller.
The challenge, which law enforcement officers brought with the Republican governor’s…
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