South Dakota Governor Kristi Noem issued an executive order Friday afternoon saying the state’s constitution does not allow the recreational marijuana amendment that voters approved.
Noem cited her authority under section 3 of the state constitution’s executive branch article.
It states in part that the Governor shall be responsible for the faithful execution of the law and may, by appropriate action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its civil divisions.
Noem confirmed in the order that she directed South Dakota Highway Patrol superintendent Rick Miller to challenge the validity of the amendment.
The challenge contends that Amendment A was a constitutional revision that should have required a constitutional convention and a special election; and that the measure broke the state constitution’s single-subject rule that voters adopted in 2016.
A court hearing on that challenge has been set for January 27th