South Dakota Supreme Court Rules Against Recreational Cannabis Legalization

South Dakota Supreme Court Rules Against Recreational Cannabis Legalization South Dakota Supreme Court Rules Against Recreational Cannabis Legalization Governor Kristi Noem of South Dakota arrives at the Sturgis Buffalo Chip campground after riding in the Legends Ride for charity on a 2021 Indian Chief on Aug. 9, 2021 near Sturgis, South Dakota. (Scott Olson/Getty Images)

By Nick Koutsobinas | Wednesday, 24 November 2021 05:58 PM

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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