Attorney General Jackley Issues Official Opinion Concerning Impact Of Federal Rescheduling of Marijuana on State Law
PIERRE, S.D. – South Dakota Attorney General Marty Jackley has issued an official opinion stating that the federal rescheduling of marijuana as a Schedule III controlled substance will not impact South Dakota’s Medical Marijuana program.
“Because federal law explicitly permits state medical-marijuana programs, South Dakota’s program may continue to operate as it has without impact from marijuana’s federal rescheduling to a Schedule III controlled substance,” wrote Attorney General Jackley. “How the program functions in the future will be a policy determination at the discretion of the Legislature or the voters of South Dakota.”
State Sen. John Carley, who is vice chairman of the legislative Medical Marijuana Oversight Committee, had requested the official opinion.
Attorney General Jackley in his opinion stated that the federal DEA, in its reclassification of marijuana, also provided “an explicit pathway” in which participants in state medical-marijuana programs can register with the federal government and continue to operate.
Attorney General Jackley’s opinion can be read here: https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1779#gsc.tab=0