SIOUX FALLS, S.D. (AP) - South Dakota’s top law enforcement officer says a measure legalizing marijuana in the state is legal and a lawsuit challenging it should be tossed out.
The Argus Leader reports Attorney General Jason Ravnsborg’s office asked a judge in court filings Thursday to dismiss the lawsuit by Pennington County Sheriff Kevin Thom and Highway Patrol Superintendent Rick Miller.
South Dakota in November became the first state to legalize recreational and medical pot on the same ballot, after supporters of the two measures joined forces and promoted them as a package deal.
Thom and Miller are challenging the constitutionality of the amendment, which legalized the cultivation, transport, possession and sale of marijuana in in the state.
The lawsuit argues that because the amendment inserts a new section into the constitution, it should be considered a revision to the constitution, which can only be done placed on the ballot through a state convention, something that hasn’t been done since statehood.
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