Constitutional Amendment A

Marijuana Legalization Initiative
Results
Choice Votes % Yes 225,260 54.18% No 190,477 45.82% Valid votes 415,737 97.24% Invalid or blank votes 11,792 2.76% Total votes 427,529 100.00% Registered voters/turnout 578,655 73.88%
Yes   80–90%   70–80%   60–70%   50–60% No   70–80%   60–70%   50–60%
Source: South Dakota Secretary of State

Elections in South Dakota
Federal government Presidential elections 1892 1896 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 2016 2020 2024 Presidential primaries Democratic 2004 2008 2016 2020 Republican 2008 2016 U.S. Senate elections 1889 1891 1894 1897 1901 1903 1903 sp 1907 1909 1913 1914 1918 1920 1924 1926 1930 1932 1936 1938 1938 sp 1942 1944 1948 1950 1954 1956 1960 1962 1966 1968 1972 1974 1978 1980 1984 1986 1990 1992 1996 1998 2002 2004 2008 2010 2014 2016 2020 2022 2026 U.S. House elections 1889 1890 1891 AL sp 1892 1894 1896 1898 1900 1902 1904 1906 1908 AL sp 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 AL sp 2006 2008 2010 2012 2014 2016 2018 2020 2022
State government General elections 2010 2014 2018 2020 2022 Gubernatorial elections 1889 1890 1892 1894 1896 1898 1900 1902 1904 1906 1908 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014 2018 2022 Secretary of State elections 2022 Attorney General elections 2018 2022 Senate elections 2020 2022 House of Representatives elections 2020 2022
Ballot measures 2006 Amendment C 2008 Measure 9 Measure 10 2020 Amendment A Measure 26

South Dakota Constitutional Amendment A, the Marijuana Legalization Initiative, was a cannabis legalization initiative that appeared on the November 3, 2020 South Dakota general election ballot. Passing with 54% of the vote, the measure would have legalized recreational marijuana in South Dakota effective July 1, 2021. Additionally, Amendment A required the South Dakota State Legislature to establish a medical marijuana program and legal hemp sales by April 1, 2022.^[1]

On February 8, 2021, Amendment A was struck down as unconstitutional by Judge Christina Klinger on the grounds that it violated the state's single-subject rule for ballot initiatives. The case was appealed to the state supreme court which upheld the decision on November 24, 2021.^[2]

With the passage of South Dakota Initiated Measure 26 on the same ballot, South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously.^[3] Along with Arizona, Montana, and New Jersey, South Dakota was one of four states that voted to legalize cannabis via ballot measures in the November 2020 election.

Legal challenge[edit]

On November 20, 2020, a lawsuit was filed by Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Rick Miller seeking to have Amendment A invalidated. The plaintiffs argued that the initiative violated the state's single-subject ballot measure provision and was a "revision" (which would require a constitutional convention) rather than an amendment.^[4] Public reaction to the lawsuit was negative and the Pennington County Sheriff Office's Facebook page was review bombed shortly after it was filed.^[5]

On January 8, 2021, South Dakota governor Kristi Noem issued an executive order which revealed she had directed Miller to file the lawsuit in her capacity as governor. Noem was strongly opposed to Amendment A and an active participant in the campaign against it prior to the election.^[6]

Oral arguments were heard in the case on January 27, 2021. The presiding judge was Christina Klinger, who was appointed as a Circuit Court judge by Governor Noem in 2019.^[7]

The amendment was struck down as unconstitutional by Judge Klinger on February 8, 2021, who ruled that it violated the single-subject provision. The case was appealed to the state supreme court,^[8] with attorneys defending Amendment A submitting their arguments to the state supreme court on March 10, 2021.^[9][10] Oral arguments were heard on April 28.^[11] On November 24, the court ruled in favor of the plaintiffs in a 4–1 decision, upholding the lower court's ruling.^[2]

Results[edit]

See also[edit]

• Cannabis in South Dakota
• 2020 Arizona Proposition 207
• 2020 Montana Initiative 190
• 2020 New Jersey Public Question 1

References[edit]