PIERRE, S.D. – South Dakota’s medical marijuana program will continue operating as it does now, despite a recent federal change in how marijuana is classified.
Attorney General Marty Jackley issued an official opinion Tuesday stating that the federal government’s decision to reclassify marijuana as a Schedule III controlled substance does not affect South Dakota’s existing medical marijuana program.
Jackley said federal law allows state medical marijuana programs to continue operating, and any future changes to South Dakota’s program would need to come from the Legislature or state voters.
The opinion was requested by State Senator John Carley, vice chairman of the Legislative Medical Marijuana Oversight Committee.
Jackley also noted that the federal Drug Enforcement Administration has established a pathway for participants in state medical marijuana programs to register federally and continue operating under the new classification framework.
