(Pierre, SD) — The newly-approved amendment to legalize the recreational use of marijuana is facing a court battle. A lawyer challenging the amendment argued yesterday that voters had created an unconstitutional fourth branch of government when approving the measure. Lisa Prostrollo told a judge that the amendment gave more power to the South Dakota Department of Revenue that would pass the powers of the Legislative Judicial, and Executive branches. Prostrollo’s law firm is representation South Dakota Highway Patrol Superintendent Rick Miller. Miller is one of two people in law enforcement challenging the amendment’s constitutionality.