November 23, 2020

PIERRE, SD (AP) – Two South Dakota law enforcement officials want the courts to overturn a citizen-approved constitutional amendment legalizing marijuana in the state.

Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Rick Miller filed a lawsuit Friday challenging the constitutionality of the amendment.

South Dakota became the first state to legalize recreational and medical pot on the same ballot in November.

The lawsuit argues that because the amendment 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.