South Dakota Voters Said Yes to Legal Weed. This Judge Threw It Out.

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South Dakota Voters Said Yes to Legal Weed. This Judge Threw It Out.

South Dakotans will have to wait a bit longer to learn the fate of legal cannabis in their state. The amendment approved by a majority of South Dakota voters legalizes cannabis and orders the state Department of Revenue to issue licenses to businesses. Klinger wrote that the amendment was unconstitutional, according to the Argus Leader, because it violated an amendment voters approved in 2018 mandating that constitutional amendments only concern a single subject. “Due to the intermingling of multiple subjects within Amendment A, it is not possible for this court to ascertain which sections of the amendment the South Dakota voters supported,” Klinger wrote. Brendan Johnson, a former U.S. Attorney for South Dakota representing South Dakotans for Better Marijuana Laws, told the Argus Leader that his group was preparing to appeal its case to the state Supreme Court.

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