Voters in South Dakota may have another crack at legalizing cannabis this year—unless lawmakers there do it first.
A bill to legalize recreational pot for adults narrowly advanced in the South Dakota legislature last week, winning approval in the senate by just a single vote. The legislation would bring some redemption to advocates who have been in a tug-of-war battle with the state for the last two years to end prohibition and finally get legal sales in the state.
In 2020, 54 percent of South Dakota voters approved Amendment A, which would have legalized recreational marijuana, in addition to hemp and medicinal cannabis, within the state. (That same year, an even larger majority of voters passed a separate ballot measure that legalized only medical marijuana.)
But it was doomed from that moment forward, with Republican Governor Kristi Noem mounting a legal challenge against the amendment.
In February of last year, a circuit court judge in South Dakota ruled in Noem’s favor, saying that Amendment A violated the state’s constitution and could not become law.
Months later, on the day before Thanksgiving, the state’s Supreme Court upheld that lower court ruling on the grounds that the amendment ran afoul of the constitution’s “one subject” requirement.

