The South Dakota Supreme Court upheld a lower court ruling that invalidated a voter-passed amendment to the state constitution that would legalize recreational marijuana use. Here, a cannabis plant at the Greenleaf Medical Cannabis facility in Richmond, Va., in June.
Steve Helber / AP
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Steve Helber / AP
The South Dakota Supreme Court upheld a lower court ruling that invalidated a voter-passed amendment to the state constitution that would legalize recreational marijuana use. Here, a cannabis plant at the Greenleaf Medical Cannabis facility in Richmond, Va., in June.
Steve Helber / AP
SIOUX FALLS, SD – The Supreme Court of South Dakota on Wednesday upheld a lower court ruling that overturned a voter-approved amendment to the state constitution that would have legalized recreational use of marijuana.
Governor Kristi Noem has provoked legal battle to repeal the amendment approved by voters in November. Although the Republican governor opposes legalizing marijuana as a social ill, her administration’s arguments in court have focused on technical violations of the state constitution.
The high court sided with those arguments in the 4-1 decision, ruling that the measure – Amendment A – would violate the state’s requirement that the constitutional amendments address only one topic. .
“It is clear that Amendment A has provisions covering at least three distinct subjects, each with distinct objects or purposes,” wrote Chief Justice Steven Jensen in the majority opinion, giving that recreational, medical and hemp are separate issues.
South Dakota Governor Kristi Noem has incited the legal fight to repeal the recreational marijuana legalization amendment that was passed by voters in November. Here, Noem spoke in Des Moines, Iowa, in October. 7 year 2021.
Charlie Neibergall / AP
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Charlie Neibergall / AP
South Dakota Governor Kristi Noem has incited the legal fight to repeal the recreational marijuana legalization amendment that was passed by voters in November. Here, Noem spoke in Des Moines, Iowa, in October. 7 year 2021.
Charlie Neibergall / AP
About 54% of voters approved the constitutional amendment last year. However, Highway Patrol Superintendent Colonel Rick Miller sued on Noem’s behalf. Pennington County Sheriff Kevin Thom also joined the lawsuit. The high court ruled that law enforcement officers were not qualified to sue, but because Noem authorized Miller’s case, they handled it as if Noem had brought the case himself.
Noem praised the decision and noted that it would not change the way she implemented a separate, voter-approved bill legalizing medical marijuana. That law went into effect.
“South Dakota is a place where the rule of law and our Constitution matter, and that is the decision made today,” she said in a statement. “We do things right – and how we do things – is just as important as what we’re doing.”
Pot legalization efforts will continue in the state
The decision of the State Supreme Court upheld Judgment of a round judge in February. Proponents of legalization appealed, arguing that the Supreme Court should remove the legal challenge because it upset voters’ will and diminished their ability to enact future legislation through through the ballot box.
Matthew Schweich, campaign manager for South Dakota for Better Marijuana Laws, called the ruling “hugely flawed” and based on “a disrespectful assumption that South Dakota voters are incapable of understanding the invention.” this ant.”
“The court rejected common sense and instead used a far-fetched legal theory to overturn a law passed without support by more than 225,000 South Dakota voters,” he said in a statement. reasonable support or evidence.
Pot legalization is not going away in South Dakota. Cannabis advocates are trying to bring recreational marijuana back to voters next year through a ballot measure that will guide the Legislature to legitimize it. Lawmakers are also considering legalizing pot for adults in the upcoming legislative session.
Cannabis has widely accepted throughout the United States, with a Gallup poll last year showing 68% of Americans favor legalization. South Dakota was among four states that month to approve recreational marijuana, along with New Jersey, Arizona and Montana. Fifteen states and the District of Columbia have done so.
