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Lawmakers Consider Moving Forward With Recreational Marijuana Legalization Despite Court Ruling

Marijuana

A group of lawmakers are moving ahead to legalize and regulate recreational marijuana. That follows voter approval last fall of a constitutional amendment.

However, a circuit judge has ruled that Amendment A is unconstitutional.  

Circuit Court Judge Christina Klinger ruled earlier this week that Amendment A, a voter approved initiative is unconstitutional. Governor Kristi Noem praises the decision.  

Supporters of the amendment plan to appeal the decision to the state supreme court.  

Republican Senator Brock Greenfield says the legislature needs to move forward as though Amendment A could be reversed by the courts.    

However, Greenfield also says if the court decision is upheld it might be best to move forward with legislation on recreational cannabis. 

“I think that a lot of legislators will be standoffish about embracing any legislation at this point,” Greenfield says. “So, I’m a realist about that. But I do think that it’s probably a good move on our part to try to give the legislature something to consider. Maybe they’ll vote for it, maybe they wont. Maybe it would be signed, maybe it wouldn’t. But at least in subsequent sessions we would have that framework already established.”  

Greenfield is the sponsor of a bill, that could take up  the topic of marijuana.  He’s uncomfortable with the authority Amendment A gives to the Department of Revenue. Greenfield says he anticipates similar marijuana ballot questions will surface in elections to come. 

Lee Strubinger is SDPB’s Rapid City-based politics and public policy reporter. Lee is a two-time national Edward R. Murrow Award winning reporter. He holds a master’s in public affairs reporting from the University of Illinois-Springfield.