The trial for Amendment A will begin April 28. This amendment received 54 percent of the public vote in the last general election. It would legalize adult-use cannabis for South Dakota residents over 21 years old. Shortly after voters spoke at the polls, Governor Kristi Noem (R) urged the State Highway Patrol Superintendent Rick Miller and Pennington County Sheriff Kevin Thom to file lawsuits on her behalf. 

Amendment A’s Journey

The first stop the challenge hit was the circuit court. But in early February, the circuit court ruled that Amendment A was unconstitutional for two reasons:

• Amendments should only cover one topic at a time
  • Amendment A tackles more than one topic. 
• Since the bill was filed as an amendment, it should have gone through a separate approval route. This would have including a special voting procedure for the general public to vote on this matter individually. It wouldn’t have allowed for the general signature gathering process. 

Shortly after the circuit court’s ruling, the South Dakotans for Better Marijuana Laws organization filed an appeal to the Supreme Court. And more issues ensued. The Attorney General’s job is to protect bills in court. Despite that, South Dakota Attorney General Jason Ravnsborg said he will not be defending Amendment A in the Supreme Court. By defending it in the circuit court case, he fulfilled his duty. 

 Supreme Court

Now it’s time for Amendment A to be contested in court. The public has been waiting eagerly for this time since the trial’s announcement in February. It’s now time for the South Dakota Supreme Court to set precedents for this case and all future cases on cannabis in the state. 

Whatever rulings come out of this case will not affect the implementation of IM 26, the medical cannabis initiative also approved by voters in the 2020 general election. IM 26 received 70 percent of the general vote. But it has been contested in the legislative session since February by Governor Noem. Initially trying to push back the start date of the program and failing to do so, Governor Noem is now calling for a special session to make changes against IM 26. Lawmakers are saying it’s not necessary at this point. The people spoke. Their votes must be listened to. Whether or not a lawmaker or governor agrees with them.

The Supreme Court will be live streaming Amendment A’s trial online due to public popular demand. As more information develops, we will update you with the latest.

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