PIERRE, S.D. (KELO) — Circuit Judge Christina Klinger has set a motions hearing for January 27 at 1:30 p.m. CT in Hughes County court on the fight over whether the Amendment A recreational-marijuana vote should be overturned.
The related case challenging South Dakota Secretary of State Steve Barnett will be heard at the same time.
A majority of South Dakota voters said yes in the November 3 election to amending the state constitution to allow and tax recreational marijuana for users at least age 21.
Challenging the outcome are state Highway Patrol superintendent Rick Miller and Pennington County Sheriff Kevin Thom.
Their lawyers contend Amendment A was a new article and needed to take an additional step of being considered at a statewide constitutional convention.
Voters approved Amendment A 225,260 to 190,477. They also approved a new state law legalizing medicinal marijuana 291,754 to 125,488. Neither takes effect until July 1, 2021.
The medical marijuana vote isn’t being challenged.