Attorney General Jackley Update on Medical Marijuana Issue

Attorney General Jackley Update on Medical Marijuana Issue 

PIERRE, S.D. – On August 19, 2016, Attorney General Marty Jackley provided correspondence to the FDA and DEA urging both to assist in the determination of whether marijuana presents medical opportunities and further setting forth considerations for public health and safety.

“As Attorney General, I am hopeful for the sake of children and adults suffering medical conditions, that research will conclude derivatives of marijuana will help treat a child experiencing seizures or the pain of a cancer patient. If medical research  reaches this milestone, I strongly believe that three important conditions must be satisfied for public health and safety  reasons:

  1. There needs to be FDA approval for marijuana or one or more of its derivatives as a safe and effective drug;
  2. A South Dakota doctor to prescribe the drug; and
  3. A South Dakota pharmacist to dispense the drug,” stated Attorney General

On October 13, 2016, the DEA responded recognizing that:

While the DEA shares your desire to facilitate research with CBD, and to carry out any scheduling actions that are supported by the medical and scientific evidence, as you undoubtedly recognize, the protection of the public health and safety must remain of paramount consideration.

On January 26, 2017, the FDA responded that:

The U.S. Food and Drug Administration (FDA) shares your concern for children and adults suffering from diseases such as epilepsy and cancer, and is committed to advancing the development of new therapies. We agree that the drug approval process represents the best way to help  ensure that any medicines derived from cannabidiol (CBD) or other constituents of marijuana are appropriately reviewed for safety and effectiveness, consistent with FDA’s statutory requirements…

At present, FDA has approved several drugs for human use which contain active ingredients that are present, or similar to those present, in botanical marijuana….FDA has not, as of now, approved any drug containing marijuana or CBD as safe and effective for any therapeutic use. FDA is working diligently to support scientific studies that may determine the safety and effectiveness of these products….

FDA encourages and supports medical research into the safety and effectiveness of marijuana products through adequate and well-controlled clinical trials conducted under an appropriate investigational new  drug.

The Attorney General recognizes that there are several proposals being discussed this South Dakota Legislative Session surrounding medical marijuana and cannabidiol (CBD). As set forth above in the Attorney General’s August 19, 2016, letter to the FDA and DEA, the Attorney General strongly believes that there are three significant conditions that are very important for public health and safety    reasons.


25 Replies to “Attorney General Jackley Update on Medical Marijuana Issue”

  1. Anonymous

    I am extremely disappointed that Jackley, who is generally a conservative, would support such a bad idea as so-called medical marijuana. The entire idea of medical marijuana is a canard. All of the medical benefits of the drug can be gained by other drugs.

    1. Anonymous

      Marty is smart enough to know that by supporting this issue he aligns himself with a majority of South Dakotans.

      There are, of course, a few idiot deniers like you still hanging around. Rest assured, you are in the minority, and your numbers decrease by the day.

      1. Anonymous

        Your response is exactly what I expect from liberals: you could not refute my argument because it was based on facts; so you resorted to name-calling.

    2. Anonymous

      The legislature brought House Concurrent Resolution 8 calling for a special prosecutor because Jackley can’t do his job with EB5 and GearUp. Jackley was appointed by is crony Mike Rounds so he does nothing with EB5. Millions of dollars are gone and nobodys in jail.

    3. Anonymous

      “All of the medical benefits of the drug can be gained by other drugs.”

      Maybe. But at what price? MJ can have medical benefits without the thousands of dollar price tag as many other drugs do. Take a look the this video. These are real South Dakotans in the video.

      I’m not saying we should carte blanche allow the use of marijuana. I think AG Jackley’s approach provides some hope of future use while also protecting public health and safety.

  2. Tara Volesky

    Follow the money….How much money has he gotten from drug companies, private prisons, big medicine. More excuses, like we need more research???????? REALLY???? 23 states have not bought into that BS. It has been researched to death. Time for a pro-medical marijuana candidate for governor.

    1. Anonymous

      Yeah! We don’t need no Obuma Care or a replacement given every ailment and injury medical marijuana cures.

  3. Anonymous

    Marty is no conservative. I hope Matt Michels decides to run he’s our only chance at beating Marty liberal Jackley.

  4. Troy Jones

    RE: Criticism of Jackley on EB-5 and Gear UP

    1) White crime (fraud and other financial crimes) take significantly more time to investigate and prosecute for a lot of reasons. Real Life isn’t like “Law & Order” and other TV shows.

    2) EB-5: It looks like we might have a person in jail. When this broke, I estimated it would up to five years. Looks like Jackley got it done in about half the time.

    3) Gear-up: I predicted it would take up to five years as well to get convictions. Maybe he’ll beat this timeline and maybe not. Again, this is not “Law & Order.”

    I’m currently undecided on the Governor’s race and have been critical of Marty on some matters (specifically his AG opinions on most of the recent ballot initiatives). But, being AG doesn’t give one divine powers and the ability to suspend the Constitution. Sheesh.

  5. Anonymous

    This takes South Dakota one step closer to legalizing recreational use of marijuana all thanks to AG Jackley. He is no conservative just like the governor he’s a liberal I’m sick of these guys calling themselves republicans.

  6. Anonymous

    I can’t believe he’s supporting this:(. I’m very disappointed in Marty I didn’t expect this from him.

  7. Vote no on Jackley

    If Marty allows this there’s no way he can run for Governor as a republican. Tough on crime my a$$. He’s the one bringing drugs into the state with this.

  8. Troy Jones

    Sorry folks. I didn’t take the time to read the article as I assumed our AG’s position was consistent with South Dakota law. I now see the AG is pursuing usurping the job of the Legislature to define law instead of enforcing the law of the state.

    I could not be more disappointed. If he wanted to pursue new laws as a Governor candidate, I have no problem with him doing so on campaign or personal stationary as a prominent citizen on our state. Doing so as AG is in appropriate in my mind.

    P.S. I would feel this way regardless of my view on medical/recreational marijuana. Attorney Generals oath is to enforce the law as written or pursue changes with the SD Legislature. Current SD law would conflict with federal law if the FDA and DEA did as our AG appears to lay-out in this letter.

    I will await further information if I have this wrong but my neutrality in the Governor’s race is getting strained as of now.

  9. Anonymous

    Jackley has lost my vote and I’m going to tell everyone I know not to vote for him. Drugs hurt our society and are especially dangerous to our children. Legalizing medical marijuana will only make it easier for drug users to get.

  10. Tara Volesky

    From what I read MJ is against medical marijuana until the FDA approves it which will be never.

  11. Anonymous

    Noem is working on repealing the death tax while Marty is bringing medical marijuana to South Dakota it’s easy to see why people will be voting for Noem. What was Jackley thinking.

  12. Anonymous

    If you are defending this you’re on the wrong blog. 99% of South Dakota Republicans are against any marijuana being legalized. There are already drugs that treat pain and other health issues. This is just an attempt to bring marijuana in to South Dakota.

  13. Shame on Marty

    Shame on Marty he should be fighting this not waiting to be told what he should do. That’s why you’re elected and not appointed.

  14. Anonymous

    Marty should be running to the right he’s in a primary with Noem and possibly Matt Michels instead he basically pandering to the dems and independents. There’s no way he’ll win this primary.

  15. Anonymous

    Marty Capone should resign sighting incompetence as his reason. If he is elected as Governor he’ll end up like Rod Blagojevich Former Governor of Illinois.