South Dakota Supreme Court to hear recreational marijuana case

Mike Tanner/KWAT

April 9, 2021

PIERRE, S.D. (AP) — The South Dakota Supreme Court is expected to decide the fate of a voter-approved constitutional amendment legalizing recreational marijuana this spring.

The justices will hear oral arguments in a challenge to the amendment on April 28 at the state Capitol.

Attorneys representing the organization South Dakotans for Better Marijuana Laws appealed a lower court ruling striking down the amendment.

Two law enforcement officers, Highway Patrol Superintendent Col. Rick Miller and Pennington County Sheriff Kevin Thom, sued to block marijuana legalization by challenging its constitutionality.

Miller was effectively acting on behalf of South Dakota Gov. Kristi Noem, who had opposed the effort to legalize pot.