SIOUX FALLS, S.D. (AP) — The South Dakota Supreme Court on Wednesday upheld a decrease court docket’s ruling that nullified a voter-passed modification to the state structure that might have legalized leisure marijuana use.

Gov. Kristi Noem praised the choice, which she pushed for.

Gov. Kristi Noem instigated the authorized struggle to strike down the modification passed by voters in November. Though the Republican governor opposed marijuana legalization as a social in poor health, her administration’s arguments in court centered on technical violations to the state constitution.

The excessive court docket sided with these arguments in a 4-1 determination, ruling that the measure — Amendment A — would have violated the state’s requirement that constitutional amendments take care of only one topic.

“It is clear that Amendment A contains provisions embracing at least three separate subjects, each with distinct objects or purposes,” Chief Justice Steven Jensen wrote within the majority opinion, which discovered leisure marijuana, medical marijuana and hemp every to be separate points.

About 54% of voters had authorized the constitutional modification final 12 months. But Highway Patrol Superintendent Col. Rick Miller sued on Noem’s behalf. Pennington County Sheriff Kevin Thom additionally joined the lawsuit. The excessive court docket dominated that the regulation enforcement officers didn’t have standing to sue, however as a result of Noem licensed Miller’s swimsuit, they handled it as if Noem introduced the lawsuit herself.

Noem praised the choice, and famous that it could not change how she implements a separate, voter-passed regulation that legalizes medical marijuana. That regulation has already taken impact.

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about,” she stated in an announcement. “We do things right — and how we do things — matters just as much as what we are doing.”

The state Supreme Court’s determination upheld a circuit judge’s ruling in February. Advocates for legalization appealed, arguing that the Supreme Court ought to dismiss the authorized problem as a result of it overturned the desire of voters and dampened their future skill to enact legal guidelines by way of the poll field.

Matthew Schweich, the marketing campaign director for South Dakotans for Better Marijuana Laws, known as the ruling “extremely flawed” and reliant on “a disrespectful assumption that South Dakota voters were intellectually incapable of understanding the initiative.”

“The court has rejected common sense and instead used a far-fetched legal theory to overturn a law passed by over 225,000 South Dakota voters based on no logical or evidentiary support,” he stated in an announcement.

Vote repeatedly and once more

Adult-use legalization shouldn’t be going away in South Dakota. Legalization advocates are trying to bring the issue again to voters subsequent 12 months by way of a poll measure that might instruct the Legislature to legalize it. Lawmakers are also considering legalizing cannabis for adults within the upcoming legislative session.

Cannabis has become broadly accepted around the United States, with a Gallup Poll final 12 months displaying 68% of Americans favored legalization. South Dakota was amongst 4 states that month to approve leisure marijuana, together with New Jersey, Arizona and Montana. Fifteen states and the District of Columbia have executed so.

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