Monday, February 8th saw South Dakota Judge Christian Klinger of the Sixth Judicial Circuit Court rule against Amendment A. Voters previously approved Amendment A several months ago in the 2020 General Election. However, Judge Klinger deemed Amendment A unconstitutional and declared it couldn’t be made into law. This ruling comes after Governor Kristi Noem (R) stated that voters made, “The wrong choice” by trying to legalize cannabis use. 

Amendment A

In a 16 page ruling, Judge Klinger found multiple issues with Amendment A. The biggest issue Judge Klinger cited was the Amendment’s public presentation. She said the language was unconstitutional and difficult to read. Klinger also claimed activists failed to submit the Amendment though the proper constitutional process. Because of this failure, she rendered the amendment void. Klinger said Amendment A should have been presented to voters through standard constitutional processes. It couldn’t be a ‘simple’ amendment.

Activists and advocates of the bill are currently appealing Judge Klinger’s decision. Attorney Brendan Johnson is largely spearheading the appeal effort. He’s a sponsor of Amendment A and an attorney for the group, “South Dakotans for Better Marijuana Laws”. Mr. Johnson disagrees with this new ruling and is spreading word through Facebook. But with voter support clearly shown through the past General Election, calling Amendment A unconstitutional seems to go against the will of the people. In fact, a majority of South Dakota voters are in favor of cannabis reform. More than 54 percent of voters were in favor of cannabis legalization for users over 21.

With Amendment A seemingly finished, Initiated Measure 26 became the other voter approved cannabis reform for consideration. IM 26 would legalize medical cannabis for individuals diagnosed with a debilitating medical condition. To receive medical cannabis access, patients would have to be diagnosed by a licensed doctor with a condition that falls on a state-approved list of valid ailments. Additionally, medical users would only be able to purchase medical cannabis from a certified dispensary. This bill had even high voter support, with almost 70 percent of citizens in favor of medical cannabis. So it seems that the main state opposition is for those who wish to use cannabis recreationally. 

Future

The House of Representatives already voted to legalize hemp usage within the state. They adopted the same definition of hemp from the Farm Bill by the USDA in 2018. As long as a product contains less than 0.3 percent of Delta 9 THC, then it is legal to grow, produce, sell, and consume within the state. This definition of hemp also includes the legalization of Delta 8 THC, which is also a psychoactive cannabinoid that is less potent and more controllable than Delta 9, which creates the euphoric high consumers get when they take marijuana products. 

As of now it is unclear if recreational cannabis is coming to South Dakota, but an appeal is in the works. As more information becomes available, we will be sure to update you with the latest.

Make sure to check back for more cannabis and hemp related news.