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On November 3, 2020, South Dakota voters passed Measure A, an initiative, which legalized both medical marijuana and marijuana. On February 8, a state trial court ruled that the measure is invalid because it involves two separate subjects, marijuana and medical marijuana.
On February 12, the Attorney General said that he will not appeal the decision. The Attorney General had tried to defend the initiative in the trial court because any state’s Attorney General is supposed to defend state laws, whether they were passed by the legislature or by initiative.
Proponents of the measure will carry the appeal forward themselves. They will ask the State Supreme Court to reverse the trial court. See this story from Reason magazine. The Attorney General’s decision not to appeal is not covered in that story, because the Attorney General made his decision after that story was written. Thanks to Eric Garris for the link.