Legal marijuana amendment comes under fire in Pierre courtroom

PIERRE – South Dakota voters created an unconstitutional super agency that would be a fourth branch of government when they voted to legalize small amounts of recreational marijuana, a lawyer challenging the vote argued Wednesday.

Amendment A conveyed broad powers to the South Dakota Department of Revenue to regulate and tax marijuana, lawyer Lisa Prostrollo told Circuit Court Judge Christina Klinger.

The amendment had so much power that it usurped powers delegated by the South Dakota Constitution to the Legislative, Judicial and Executive branches of government, Prostrollo said.