PIERRE, S.D. (KELO) — He still needs a majority of 36 to agree to debate it. But on Tuesday afternoon, Representative Greg Jamison was able to convince enough House members that the legislation to legalize marijuana for people 21 and older wasn’t quite dead yet.

Jamison, R-Sioux Falls, used legislative rule 7-7 to call for what’s known as a smoke-out and had enough representatives stand, in order to force the House State Affairs Committee to release SB 3. The committee had killed it 8-3 Monday.

House Republican leader Kent Peterson of Salem chairs the committee. He argued that it received a fair hearing.

House Speaker Spencer Gosch of Glenham finished the count and said Jamison had enough support. A smoke-out requires at least one-third of the chamber’s members, which is 24 in the House. “Just for the record,” said Gosch, “we’re smoking out a weed bill.”

The Senate earlier approved it 18-17.

Governor Kristi Noem opposes legalization. South Dakota voters approved Constitutional Amendment A in November 2020 with 54% support, but the South Dakota Supreme Court threw out the result after a challenge from Noem.