South Dakota’s Medical Marijuana Program Remains Unaffected by Federal Rescheduling
The recent decision by the federal government to reclassify marijuana as a Schedule III controlled substance will not impact South Dakota’s Medical Marijuana program, according to an official opinion from the state’s Attorney General, Marty Jackley.
In a statement, Jackley explained that federal law explicitly permits state medical-marijuana programs to operate independently, and therefore, South Dakota’s program will continue to function as usual. The Attorney General also noted that the federal Drug Enforcement Administration (DEA) has provided a clear pathway for participants in state medical-marijuana programs to register with the federal government and continue to operate.
The opinion was requested by State Sen. John Carley, vice chairman of the legislative Medical Marijuana Oversight Committee, following concerns that the federal rescheduling of marijuana could impact the state’s program. However, Jackley’s opinion alleviates those concerns, stating that the future of the program will be determined by the state legislature or voters.
In 2026, a bill was introduced to abolish the program if marijuana was federally rescheduled, but it was ultimately killed. The Attorney General’s opinion provides clarity on the matter, ensuring that South Dakota’s Medical Marijuana program can continue to operate without interruption.
