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South Dakota Lawmakers File Legislation to Implement Adult-Use Cannabis Program

The bill includes a provision that would void the proposed laws if the voter-approved ballot initiative gets overturned in a pending lawsuit.

Cannabis Plants Adobe Stock Credit Olyasolodenko Resized
olyasolodenko | Adobe Stock

South Dakota Rep. Mike Derby (R-Rapid City) and Sen. Brock Greenfield (R-Clark) filed legislation Feb. 3 that would implement the state’s adult-use cannabis program, which voters approved in the 2020 election, according to a KELO report.

H.B. 1225 includes a provision that would void the proposed laws if Amendment A, the voter-approved ballot initiative, gets overturned in a pending lawsuit, the news outlet reported.

Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Col. Rick Miller filed the lawsuit challenging Amendment A in November, arguing that it violates the state’s one-subject rule, as well as the amendments and revisions article of the South Dakota Constitution.

Gov. Kristi Noem then issued an executive order in January that allowed the legal challenge to proceed and asked the court to invalidate the election results.

Judge Christina Klinger heard arguments in the case last week, KELO reported.

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