PIERRE, SD (AP) – A South Dakota judge on Monday overturned a voter-approved constitutional amendment that legalized recreational marijuana after Governor Kristi Noem’s government challenged it.
Judge Christina Klinger ruled that the measure passed by voters in November violated the state requirement that constitutional amendments address only one issue and would have created far-reaching changes in the state government.
“Amendment A is a review, as it has far-reaching effects on the basic nature of the South Dakota government system,” she wrote in her decision.
Brendan Johnson, who sponsored the amendment and represented a pro-marijuana group in court, said he was preparing an appeal to the South Dakota Supreme Court.
Two police officers, Highway Patrol Superintendent Colonel Rick Miller and Pennington County Sheriff Kevin Thom filed a lawsuit to prevent legalization by challenging its constitutionality. Miller was effectively acting on behalf of South Dakota Governor Kristi Noem, who opposed the attempt to legalize marijuana.
Klinger was named judge of the district court by Noem in 2019.
“Today’s decision protects and safeguards our constitution,” Noem said in a statement. “I am confident that the South Dakota Supreme Court, if asked to consider it, will come to the same conclusion.”
Thom also praised the decision, saying it “solidifies the protections” of a 2018 constitutional amendment that required additional amendments to limit itself to one issue.
In his decision, Klinger said the legalization of marijuana would have touched on business licensing, taxing and growing marijuana. The amendment would have given the state Revenue Department the power to administer recreational marijuana, but Klinger decided that in doing so, it would surpass the authority of the executive and legislative branches of government.
Lawyers who advocate legalization launched the lawsuit in an attempt to overturn the results of a fair election. About 54 percent of voters approved recreational marijuana in November.
Carrying small amounts of marijuana would have become legal on July 1, but that will not happen unless a higher court overturns the decision.
Marijuana has become widely accepted in the United States, with a Gallup poll in November showing 68% of Americans in favor of legalization. South Dakota was among the four states that month that approved recreational marijuana, along with New Jersey, Arizona and Montana. Fifteen states and the District of Columbia did.
Proponents argued that legalization creates jobs and raises tax money for governments in dire need. Opponents have argued that marijuana leads to the use of harder drugs and can also lead to driving problems and other crimes.