South Dakota Judge Strikes Down Adult-Use Amendment


<![CDATA[David Reinhold | Adobe StockThe voters of South Dakota spoke in favor of adult-use cannabis legalization by way of passing Amendment A in the November election, but the state’s governor and a circuit judge aren’t listening. In allowing a lawsuit challenging the constitutionality of the state-passed ballot measure to proceed through an executive order, Gov. Kristi Noem opened the door for Circuit Judge Christina Klinger to reject the voters’ will by striking down the approved adult-use amendment in a ruling she issued Feb. 8. Klinger said Amendment A violated South Dakota’s requirement that constitutional amendments be limited to just one subject.Article XXIII of the South Dakota Constitution states: “No proposed amendment may embrace more than one subject. If more than one amendment is submitted at the same election, each amendment shall be so prepared and distinguished that it can be voted upon separately.”In the conclusion of her ruling, Klinger said, “Amendment A is unconstitutional as it includes multiple subjects in violation of Article XXIII, and it is therefore void and has no effect. Furthermore, Amendment A is a revision as it has far-reaching effects on the basic nature of South Dakota’s governmental system. As a result, Amendment A was required to be submitted to the voters through the constitutional convention process set forth in Article XXIII.”The measure in question, Amendment A, read on the state ballot: “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 ensuing access to marijuana for medical use.” Voters approved Amendment A with 54.2% showing their support. Measure 26, the medical cannabis program ballot measure, also passed with 69.9% in favor. With those results, South Dakota made history by passing both medical and adult-use cannabis on the same…

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Source : South Dakota Judge Strikes Down Adult-Use Amendment

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