Two law enforcement officers want the courts to overturn legislation passed by 225,260 voters earlier this year legalizing marijuana in South Dakota.
Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Rick Miller filed a lawsuit Friday challenging the constitutionality of Amendment A, which legalized the cultivation, transport, possession and sale of marijuana in in the state.
Voters approved the amendment in the Nov. 3 election with by an 8% margin.
In a release issued Friday announcing the legal challenge, Thom and Miller argue Amendment A violates the constitution because it encompassed more than one subject, a limitation added to the constitution by voters in 2018. And they say the process voters used to pass Amendment A doesn’t comply with the constitution.
The lawsuit argues that because Amendment A inserts a new section into the constitution, it should be considered a revision to the constitution, which can only be done placed on the ballot through a state convention, something that hasn’t been done since statehood.
“The proponents of Amendment A failed to follow that basic textual requirement,” reads the news release.
Thom did not return a message left with the Pennington County Sheriff’s Office Friday afternoon, and questions for Miller were deferred to the governor’s office.
“In South Dakota, we respect our Constitution,” Gov. Kristi Noem said in