South Dakota’s modification to legalize leisure herbs declared unconstitutional

By Nina Zdinjak

South Dakota was one of five states that voted for cannabisElection initiatives during the November elections, supported by around 54% of voters.

Instead of implementing the new law and enacting regulations for the emerging industry, a state judge says the measure is unconstitutional.


The initiative violates Mount Rushmore State’s demand that constitutional amendments only affect one issue, judge Christina Klinger (h / t of the Associated Press) ruled.

South Dakota Governor Kristi Noem initially challenged the amendment and ordered a lawsuit in January to overturn part of the adult election results.

“Amendment A is a revision because it has far-reaching implications for the fundamental nature of the South Dakota system of government,” wrote Klinger in her ruling.

Klinger was appointed Circuit Court Judge by Noem in 2019.

“Today’s decision safeguards and safeguards our constitution,” Noem said in a statement. “I am confident that if the South Dakota Supreme Court is also asked to deliberate, it will come to the same conclusion.”

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Even so, cannabis advocates are gathering in South Dakota.

Brendan Johnson, who supported the amendment, said he would appeal to the state Supreme Court. If a higher court overturns Klinger’s ruling, South Dakota residents could legally own small amounts of cannabis, which should begin before the July 1 ruling.

Photo by matt_benoit / Getty Images

Montana, Mississippi, and NJ also have challenges

South Dakota is not alone in its struggles after approving ballot initiatives related to cannabis.

Montana, Mississippi and New Jersey face different challenges as Election Day approaches.

While Montana The legislature did not want to turn the election results upside down, but rejected requests from the Ministry of Finance to finance the program. On the other hand, the Treasury State welcomed cultivation and home ownership on New Year’s Day.

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in the MississippiMadison Mayor Mary Hawkins claims the initiative process was out of date because Mississippi’s rules, which are reducing the number of congressional districts, were not renewed.

New Jersey must postpone implementation of electoral measure as Democratic Governor Phil Murphy refuses to sign the bill. Murphy proposed a “cleanup” with tougher sentences for minors caught with cannabis. The governor initially had until February 8th to pass the bill, but that deadline has been postponed to February 18th.

Arizona was the only state that implemented the new program smoothly and welcomed adult sales as early as January 22nd.

This article originally appeared on Benzinga and was republished with permission.

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