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SD Supreme court rules against Amendment A, striking down recreational marijuana

The South Dakota Supreme Court ruled Wednesday Amendment A, which would legalize recreational marijuana in South Dakota, as unconstitutional.  This strikes down a measure passed by 54 percent of voters in November of 2018.  The decision was 4-1 to strike down the amendment.  According to the justices, Amendment A went against the state’s single-subject rule requiring ballot measures to be limited to one subject.  The justices say Amendment A has three distinct subjects including recreational marijuana, hemp and medical marijuana. 


South Dakota Governor Kristi Noem, who helped bring the lawsuit against Amendment A, released the following statement on the decision:

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about. We do things right – and how we do things matters just as much as what we are doing. We are still governed by the rule of law. This decision does not affect my Administration’s implementation of the medical cannabis program voters approved in 2020. That program was launched earlier this month, and the first cards have already gone out to eligible South Dakotans.”