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SD Ruling Threatens Marijuana Legalization Momentum

Law360
February 15, 2021

Chicago Partner David Standa authored an article for Law360 discussing a South Dakota Circuit Court decision holding that the amendment to the state constitution to legalize recreational marijuana, a ballot initiative that passed in November, is unconstitutional. While the decision will likely be appealed, it is “a reminder to the entire cannabis industry that there is still a long way to go before recreational marijuana is considered a mainstream industry like alcohol,” Standa writes.

Standa also noted that the possibility of legalization through legislation has its pitfalls, using the example of numerous missed deadlines for implementing policies after recreational marijuana was legalized by the Illinois legislature.

It remains to be seen whether the South Dakota ruling is a one-off decision or “the start of a significant challenge for the cannabis industry,” he writes.

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