Jurisdiction Over Marijuana in South Dakota and Our Reservations: Jackley to drop hammer on non-tribal pot smokers.

AG Marty Jackley is putting potheads on notice tonight that if they think the Flandreau reservation is their smokin up haven, they’ve got another thing coming:

Jurisdiction Over Marijuana in South Dakota and Our Reservations

PIERRE – The possession, distribution and manufacture of marijuana is a violation of both federal and state law. Unfortunately, the federal government has created confusion in relation to marijuana jurisdiction in Indian Country with recent inconsistencies. 

As South Dakota’s Attorney General, I respect each Tribes authority to pass laws that govern Indian persons within Indian Country. It is equally important to recognize that South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian Country; (2) all Indian persons outside of Indian Country.

“I want to encourage Tribal leaders to continue to work with state authorities to better ensure our respective laws are followed, public safety on our roads remains a consideration, and that both Indian and non-Indian persons are not put in harm’s way by the jurisdiction complexities being created by our federal government,” said Attorney General Jackley.


19 thoughts on “Jurisdiction Over Marijuana in South Dakota and Our Reservations: Jackley to drop hammer on non-tribal pot smokers.”

  1. BTW …. how much Native blood makes you a legal cannabis connoisseur? Mr. Jackley, puh-leeeeze!

  2. head over there, light up and see what happens porter. there’s no teacher like direct experience.

    1. South of Dakota Conservatives ….. “Isn’t it hard to dance with that stick up your ass?” lol

  3. Most reservations are sovereign nations so Jackley can’t do a thing if you are in another country and don’t bring anything back and aren’t high when you get back.

  4. Mind you all, South Dakota’s “possession by ingestion” law is grossly unconstitutional and draconian in nature. The mere thought that I can legally, safely and responsibly consume cannabis in Colorado but come home to visit my family I’m all of a sudden a walking felony (because I would be possessing cannabis via my trace blood content). The drug war is stupid because it turns government into an inefficient, racist and counter-productive machine that ruins lives in the name of justice. What justice is served by locking up a pot smoker? If you don’t like pot, don’t smoke it, and don’t come around us, but don’t pretend like your prohibition has worked and keep a straight face!

    1. Simple solution, “Educated” Professional-don’t come back to South Dakota. If you can’t lay off the weed long enough to come here and not get high, stay where you are.

      1. @A-non-thinker…You’re funny when you’re backed into a corner by logic and forethought. (Now is when you call people insulting names …..go!)

    2. No justice is served @EducatedProfessional but many city, county and state coffers are served with revenue enhancement without validity. Agreed, ingestion laws are grossly unconstitutional when marijuana remains within a human organism in minute quantities for months but the euphoric and reaction time effects are gone in hours.

    3. It’s time we get back to the old days of bustin some heads. We are getting too weak here in America in dealing with all these druggies. Sooner or later these potheads will learn.

  5. Here are some basic facts and clarifications:
    1. There is a clear difference between sovereign dependent and sovereign independent. Flandreau Santee Sioux Tribe is sovereign dependent. This means that while they are a sovereign nation they still receive federal dollars to help manage different operations i.e tribal healthcare. Thus making tribal employees (Flandreau Santee Sioux Tribe does not operate as an IHS facility, they are under a 638 contract- there are no federal employees at Flandreau Santee Sioux Tribe) that are paid with federal dollars through their tribal employment contracts liable to federal drug laws re: employment.

    2. Defining who is Native American is not as broad stroked as Jackley thinks. Native American by enrollment? by lineal descdancy? By the way you only need to prove lineal descendancy to be eligible for housing or medical care.

    There are many more caveats that are being grossly generalized. I suggest Jackley needs an educated community liaison and needs to brush up on basic terminology.

  6. i suppose it’s useless at this point to simply grant the point that banning/enforcement of marijuana laws is a huge governmental burden with little return given the crumbling of such laws in other states. i regard pot advocates / smokers with the same disdain i’d reserve for someone engaged in public masturbation, so i suppose the only option left for me is to simply point out where we are on the social decay meter. judge bork’s book should be reissued – we are still slouching toward Gomorrah.

    1. sorry, i meant ‘public urination.’ i save the ‘public masturbation’ comment for those who want to legalize cocaine.

  7. How long before the tribes blame their listlessness, unemployment, obesity (got the munchies dontcha know), and crime (pot mafia fighting for more of the hookah trade) on whitey catering to their pot desires?

    Watch the tribal lung cancer rates o up and blame it on white racism!

  8. Porter you seem to be a regular consumer of pot. I’ve had these weed smokers tell me weed is good for us since it is a plant. Now the latest claims are that smoking weed helps grow back limbs that have been severed due to war, accidents and disease. Do you seriously expect us to believe this being another weed smoker tall tale?

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