South Dakota voters ended marijuana prohibition — but Kristi Noem helped get it overturned by a judge

South Dakota voters ended marijuana prohibition — but Kristi Noem helped get it overturned by a judge

Governor Kristi Noem speaking with attendees at the 2019 Student Action Summit hosted by Turning Point USA at the Palm Beach County Convention Center in West Palm Beach, Florida. Photo via Gage Skidmore.
News & Politics

The will of the voters in South Dakota was overturned by a judge on Monday.

"A Hughes County judge has ruled that a voter-approved amendment to the South Dakota Constitution ending marijuana prohibition in the state shouldn't go forward. Circuit Court Judge Christina Klinger ruled Monday that Constitutional Amendment A violates the state Constitution on two grounds: It violates the single subject rule, meaning it encompassed more than one topic, and it conflicts with language in the Constitution that provides for its modification," the Argus Leader reported Monday."Attorneys for the plaintiffs in the case, South Dakota Highway Patrol Superintendent Rick Miller and Pennington County Sheriff Kevin Thom argued last month that because Amendment A added an entirely new section to the state Constitution instead of modifying an existing one, it should be considered a revision, not an amendment," the newspaper reported. "Legal fees for Miller's role in challenging the amendment are being paid for by the state of South Dakota at the order of Gov. Kristi Noem, who campaigned against the ballot measure leading up to the election."

"Attorneys for the plaintiffs in the case, South Dakota Highway Patrol Superintendent Rick Miller and Pennington County Sheriff Kevin Thom argued last month that because Amendment A added an entirely new section to the state Constitution instead of modifying an existing one, it should be considered a revision, not an amendment," the newspaper reported. "Legal fees for Miller's role in challenging the amendment are being paid for by the state of South Dakota at the order of Gov. Kristi Noem, who campaigned against the ballot measure leading up to the election."

Noem praised the ruling to overturn a constitutional amendment she opposed.

"Today's decision protects and safeguards our constitution," Noem said in a statement. "I'm confident the South Dakota Supreme Court, if asked to weigh in as well, will come to the same conclusion."

The constitutional amendment was set to take effect on July 1st.

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