SIOUX FALLS, S.D. (AP) — The South Dakota Supreme Court has heard final arguments in a legal battle sparked by an attempt by Gov. Kristi Noem’s administration to strike down a voter-passed constitutional amendment legalizing marijuana.
The high court will decide whether recreational pot use, medical marijuana and hemp cultivation are enshrined in the state’s constitution. Voters passed the measure in November.
But Highway Patrol Superintendent Col. Rick Miller mounted a legal challenge to its constitutionality on Noem’s behalf, and Pennington County Sheriff Kevin Thom also sued to block legalization.
On Wednesday, lawyers argued before five Supreme Court justices in Pierre.
Miller’s lawyer, Lisa Prostrollo, argued the amendment violated the law against having more than one subject in a ballot measure. The backers, represented by lawyer Brendan Johnson, argued the will of the voters should not be overturned and the entire amendment relates to one subject, legalizing cannabis.