South Dakota Senate Passes Retail Licensing Bill for Adult-Use Cannabis

Republican-sponsored legislation that establishes the regulatory framework for adult-use cannabis narrowly passes in the upper chamber of state legislature.

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February 26, 2021

The South Dakota Senate approved Senate Bill 187B Wednesday, which was sponsored by Sen. Brock Greenfield.

The measure, which passed 19-16, is designed to put a system of laws in place to regulate the sale, possession and consumption of adult-use cannabis per the voter-approved Amendment A in the general election, which was challenged by Gov. Kristi Noem and ruled unconstitutional by Circuit Judge Christina Klinger on Feb. 8.

RELATED: South Dakota Judge Strikes Down Adult-Use Amendment

The bill acknowledges that Klinger deemed Amendment A as unconstitutional, but "the legislature recognizes that a majority of voters approved the legalization of the sale, possession and consumption of adult-use retail marijuana."

The majority of state senators voted in favor of enacting the legislation to ensure there are regulated and enforceable laws in place regarding the sale, possession and consumption of adult-use cannabis, in case the South Dakota Supreme Court overrules Klinger’s ruling that Amendment A was unconstitutional.

The bill has been sent to the House of Representatives but has not yet been scheduled for action.