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BREAKING: S.D. Supreme Court on 4-1 decision rules adult use marijuana question was unconstitutional

November 24, 2021

PIERRE, S.D.–The South Dakota Supreme Court has ruled that Amendment “A” that was passed by voters last November, legalizing recreational marijuana is invalid.

In their opinion the Court ruled, in a four to one decision, that the Amendment violated the single subject rule of the state constitution.

The Court found that the Amendment embraced three separate and distinct subjects: recreational marijuana, hemp and medical marijuana.

The Court also noted that they didn’t find any other state where recreational marijuana, hemp and medical marijuana were approved in a single vote.

Today, Governor Kristi Noem issued the following statement in response to the Supreme Court’s decision regarding Amendment A:

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about. We do things right – and how we do things matters just as much as what we are doing. We are still governed by the rule of law. This decision does not affect my Administration’s implementation of the medical cannabis program voters approved in 2020. That program was launched earlier this month, and the first cards have already gone out to eligible South Dakotans.”  



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