Marijuana advocates were shocked on Monday to learn that a South Dakota judge had struck down a voter approved constitutional amendment legalizing recreational marijuana in the state.

Highway Patrol Superintendent Col. Rick Miller, who acted on behalf of South Dakota Gov. Kristi Noem, and Pennington County Sheriff Kevin Thom had sued to block legalization by challenging its constitutionality.

Governor Krisi Noem’s administration had challenged the amendment with circuit Judge Christina Klinger ruling that the measure approved by voters in November violated the state’s requirement that constitutional amendments deal with just one subject and would have created broad changes to state government.

“Amendment A is a revision as it has far-reaching effects on the basic nature of South Dakota’s governmental system,” she wrote in her ruling.

Klinger was appointed as a circuit court judge by Noem in 2019.

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

Thom said the judge’s ruling “solidifies the protections that were sought in the previous passing of Amendment Z. It is an honor to defend our state constitution, and I appreciate the judge ruling in our favor today.”

“I am pleased with the court’s decision today, though I realize that the Supreme Court will likely have the opportunity to address our constitutional concerns on their merits,” Miller said.

Brendan Johnson, who sponsored the amendment and who represented a pro-marijuana group in court, said it was preparing an appeal to South Dakota’s Supreme Court.


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