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South Dakota Supreme Court rules against voter-approved recreational marijuana

South Dakota Marijuana Supreme Court
Posted at 4:56 PM, Nov 24, 2021

The South Dakota Supreme Court upheld a lower court's decision which struck down a voter-approved measure that would have legalized recreational marijuana in the state.

Gov. Kristi Noem brought the case after voters passed the constitutional amendment in November. Lawyers for the state argued that the amendment violated the constitution.

The court sided with the state in a 4-1 ruling.

The chief judge said the amendment "embraces more than one subject with different objects or purposes." He said each subject has to be voted on individually.

The court also objected to the argument that the state should have brought the lawsuit prior to the election. The court said that was not legally required.

Recreational marijuana use is legal in 18 states and the District of Columbia.