The South Dakota Supreme Court upheld on Wednesday a lower court's ruling that would otherwise block a voter-passed amendment to the state's constitution legalizing recreational cannabis use.
Republican Gov. Kristi Noem, according to the Associated Press, instigated the legal battle to strike down the amendment passed by voters in November of 2020. Noem argues that the amendment runs aground of a technical violation in conflict with the state's constitution.
In a 4-1 decision, the high court sided with Noem, ruling that Constitutional Amendment A technically violates the state's constitution as it includes more than one subject.
"It is clear that Amendment A contains provisions embracing at least three separate subjects, each with distinct objects or purposes," Chief Justice Steven Jensen wrote in his majority opinion while outlining that hemp, medical cannabis, and recreational cannabis are all separate subjects.
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