Attorney General Jackley Issues Official Opinion Concerning Impact Of Federal Rescheduling of Marijuana on State Law

South Dakota Attorney General Marty Jackley issued an official opinion on October 13, 2026, concluding that the federal rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act does not affect the operation of South Dakota's state Medical Marijuana program. The opinion was issued in response to a request from State Senator John Carley, vice chairman of the legislative Medical Marijuana Oversight Committee. The Attorney General's opinion states that federal law explicitly permits state medical-marijuana programs to continue operating, and that the DEA's reclassification action does not disturb that authorization. The opinion quotes directly: '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.' The opinion further notes that the DEA's reclassification action provides an explicit pathway through which participants in state medical-marijuana programs can register with the federal government and continue to operate under the new Schedule III framework. Any future changes to how the South Dakota program functions remain a policy determination reserved to the state Legislature or the voters of South Dakota.