UPDATE: From Patrick Callahan - February 10, 2021 (Pierre, SD) SDBA -- Legislative leaders in South Dakota say they plan to implement a medical marijuana program in the state, but it’s going to take time. In a joint press release issued early Wednesday morning, Governor Kristi Noem announced she and legislative leaders in both chambers plan to implement initiated Measure 26, medical marijuana but say they’ll need additional time to do so ‘safety and correctly.’

House Bill 1100 was amended overnight to be the vehicle for medical marijuana passage this year. The new language of the bill establishes an extended timeline for lawmakers to work out the details of implementation.

Earlier this week a South Dakota Judge ruled the state's recreational marijuana amendment unconstitutional. Circuit court judge Christina Klinger in Hughes County, in a report from Dakota News Now, ruled against the legality of Amendment A which had voter approval.

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Now State Representative Michael Rohl and State Senator Arthur Rusch are speaking out. Rohl is sponsoring legislation that would expunge marijuana-related crimes from a background check record. And Senator Rush says, "The underlying vote of the people to approve this is still overwhelmingly shown. In light of that, my sense in talking to other senators is that the senators want to move forward with some kind of proposals as far as carrying out the wishes of the people.”

Dakota News Now also had some insight from USD Knudson School of Law Dean Neil Fulton.

“Judge Klinger applied the reasonably germane test, and determined this was not reasonably germane because it dealt with hemp, marijuana, and went beyond legalization and into regulation. I think her reasoning was well done, but it was a little bit surprising to me. I kind of thought it would come out the other way.”

Originally the challenge against the amendment was brought by Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Superintendent Rick Miller on behalf of Gov. Kristi Noem, according to Dakota News Now.

If any action is taken by the State Supreme Court chances are any decision coming before the end of the legislative session are unlikely.

Patrick Callahan of the South Dakota Broadcaster Association also contributed to this article.

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