Opponents file lawsuit to overturn South Dakotans’ decision to legalize marijuana for adults

Last update: December 10, 2020

For decades, South Dakota has maintained some of the harshest marijuana laws in the country, causing thousands of people to be arrested in the state each year. But that changed in November after hundreds of thousands of South Dakotans turned out to vote in favor of Amendment A and Measure 26 in the 2020 Election. In the end, 54% of the electorate supported Constitutional Amendment A to legalize, regulate, and tax marijuana for adults 21 and older. Measure 26, which establishes a medical marijuana program, was approved by a whopping 70% of the vote. Both measures are set to become effective on July 1, 2021.

After losing at the ballot box, though, opponents of marijuana reform are now seeking to invalidate voters’ approval of Amendment A. On November 20, 2020, Pennington County Sheriff Kevin Thom and Superintendent of the South Dakota Highway Patrol Colonel Rick Miller filed two complaints in the South Dakota Circuit Court seeking to nullify the adult-use legalization measure through a judicial challenge. The Rapid City Journal reports that the effort to overturn the amendment is partly funded by South Dakotan taxpayers. 

The opponents claim in their lawsuits that Amendment A violates the state’s single subject rule and “revises” South Dakota’s Constitution rather than amending it. Proponents of Amendment A and legal experts view the arguments as deeply flawed and are quickly mobilizing a strong defense. MPP is working closely with South Dakotans for Better Marijuana Laws to defeat this attempt to overturn the will of the people and undermine South Dakotans’ ballot initiative process. Read more about the timeline of recent events, and please contribute to the campaign’s legal defense fund here. 

Gov. Kristi Noem has voiced public support for the effort to overturn Amendment A, and in her recent budget address to the South Dakota Legislature, she called voters’ decision to approve marijuana policy reform “disappointing.” While acknowledging the pending lawsuit, her budget nonetheless outlines a fiscal plan to implement both measures.

With the 2021 state legislative session coming up in January, supporters of sensible marijuana policies in South Dakota are also looking ahead to the implementation and rule-making process, which will be directed by the state’s Department of Health and Department of Revenue. To stay up-to-date, follow South Dakotans for Better Marijuana Laws on Facebook, and be sure to sign up for MPP’s South Dakota email alerts!

South Dakota makes history with voter approval of Amendment A and Measure 26

On Election Day, South Dakota became the first state to adopt medical marijuana and legalize marijuana for adults in the same election. With 54% of voters approving and 46% opposed, Constitutional Amendment A came out ahead by 35,000 votes and put the state on a path to regulating and taxing marijuana for people 21 and older. Measure 26, which will establish a medical marijuana program in the state, won with a 70% to 30% margin. Both measures will become effective on July 1, 2021.

The Marijuana Policy Project played a key role in leading the successful effort, which was spearheaded by two campaign committees, South Dakotans for Better Marijuana Laws and New Approach South Dakota. This victory — along with other marijuana policy reform wins around the country this year — could have implications for reform at the federal level.

“A few years ago, nobody would have predicted that South Dakota would legalize marijuana before New York,” MPP deputy director Matthew Schweich said. “But that’s the power of the ballot initiative process.”

Now advocates are looking ahead to the implementation and rule-making process. To stay up-to-date, follow South Dakotans for Better Marijuana Laws on Facebook, and be sure to sign up for MPP’s South Dakota email alerts!

South Dakota Secretary of State Steve Barnett (white shirt), MPP Deputy Director Matthew Schweich (blue blazer), and South Dakota campaign staff and volunteers stand alongside over 53,000 signatures being submitted to qualify the constitutional adult-use marijuana legalization ballot initiative.