THOM v. BARNETT

#29546, #29547.

967 N.W.2d 261 (2021)

2021 S.D. 65

Sheriff Kevin THOM, In His Official Capacity as Pennington County Sheriff, and Colonel Rick Miller In His Official Capacity as Superintendent of the South Dakota Highway Patrol, Plaintiffs and Appellees, v. Steve BARNETT, In His Official Capacity as the South Dakota Secretary of State, Defendant, and South Dakotans for Better Marijuana Laws, Randolph Seiler, William Stocker, Charles Parkinson, and Melissa Mentele, Defendants and Appellants. In the Matter of Election Contest as to Amendment A, an Amendment to the South Dakota Constitution to Legalize, Regulate, and Tax Marijuana; and to Require the Legislature to Pass Laws Regarding Hemp as Well as Laws Ensuring Access to Marijuana for Medical Use.

Supreme Court of South Dakota.

Reassigned September 7, 2021.

Opinion FILED November 24, 2021.


Attorney(s) appearing for the Case

MATTHEW S. MCCAULLEY , LISA M. PROSTROLLO , CHRISTOPHER D. SOMMERS of Redstone Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for #29546, plaintiff and appellee and #29547, plaintiff and appellant Colonel Rick Miller.

ROBERT L. MORRIS , Belle Fourche, South Dakota, Attorney for #29546, plaintiff and appellee and #29547, plaintiff and appellant Sheriff Kevin Thom.

BRENDAN V. JOHNSON , TIMOTHY W. BILLION of Robins Kaplan LLP, Sioux Falls, South Dakota, Attorneys for #29546, defendants and appellants and #29547, intervenors and appellees South Dakotans for Better Marijuana Laws, Randolph Seiler, William Stocker, Charles Parkinson, and Melissa Mentele.


[¶1.] At the November 3, 2020 general election, South Dakota voters approved Initiated Constitutional Amendment A, titled by the Attorney General as: "An amendment to the South Dakota Constitution to legalize, regulate, and tax marijuana; and to require the Legislature to pass laws regarding hemp as...

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