A judge in South Dakota ruled Monday that a voter-approved constitutional amendment that would have legalized marijuana for recreational use was in itself unconstitutional, sparking a legal battle that Gov. Kristi Noem
Kristi Lynn Call The Hill’s Morning Report – Presented By Facebook – Biden, GOP Senators Begin Discussions; Dems Continue On the Trail: GOP Divided Over Growing Anti-Democratic Drift In Idaho Party Promotes Constitutional Ban on Marijuana Legalization in State MORE (R) against its own constituents.
Judge Christina Klinger of the Circuit Court, a Pierre appointee by Noem, ruled that Amendment A was contrary to the rule that voting measures cover only one subject, and that it is inconsistent with the rules governing the way the state constitution is changed. .
South Dakota voters approved Amendment A, which legalized recreational marijuana by a margin of 54 percent to 46 percent in November. A separate ballot measure legalizing marijuana for medicinal purposes passed with nearly 70 percent support.
South Dakotans for Better Marijuana Laws, the group that backed the amendment, pledged to appeal Monday’s court ruling.
“We disagree with the ruling and we are preparing to appeal to the South Dakota Supreme Court,” the group said in a statement.
Attorney General Jason Ravnsborg (R) ‘s office, which is responsible for defending state laws, said on Tuesday that it was still reviewing the judge’s decision. Ravnsborg’s lawyers had moved to toss the challenge out earlier this year.
Call, a Republican governor for the first term who was closely associated with the former President Trump
Donald Trump DOJ asks for resignation of most Trump-appointed US lawyers: Report Trump attorney withdraws request not to hold impeachment trial on Saturday Kinzinger in op-ed calls GOP senators to convict Trump in impeachment process, was unusually focused on opposing the amendment, both during the campaign and after voters approved the measure. The lawsuit against the validity of the amendment was brought by the head of the State Highway Patrol, who had filed a lawsuit at Noem’s request, and the Sheriff of Pennington County.
Noem has authorized the state to pay for the court costs incurred by Highway Patrol Superintendent Rick Miller. She issued an executive order last month that explicitly gave Miller legal standing to file charges.
If Amendment A goes into effect in July, South Dakota would be the 15th state to legalize marijuana for recreational use, and the 13th state in which voters themselves approve a ballot measure to make marijuana legal.