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Jackley Unveils 2026 Legislative Priorities Focused on Public Safety and AI

Hands typing on a laptop with a holographic "Chat AI" interface. Text above reads: "Jackley Unveils 2026 Legislative Priorities."

Northeast Radio SD News – South Dakota: South Dakota Attorney General Marty Jackley has announced the first three components of a 10-bill legislative package for 2026, targeting drug use in state prisons, protecting minors from unregulated substances, and the rise of AI-generated pornography.


The proposals, developed throughout 2025, are set to be introduced when the South Dakota Legislature convenes on January 13, 2026.


“These issues require stronger legislative action, and it is my duty as Attorney General to bring these bills to the Legislature for its consideration,” Jackley said.


Cracking Down on Prison-Controlled Substances

A primary focus of the package is addressing the flow of illegal drugs into the state penitentiary system. The Attorney General’s Office investigated eight inmate overdose deaths in 2025 alone, resulting in criminal charges in three of those cases.


The proposed legislation would revise current laws regarding the possession and ingestion of controlled substances within the prison system. Jackley emphasized that tougher penalties are necessary to deter both the delivery and use of drugs behind bars.


“Strengthening our laws will enhance the deterrent effect and better protect both correctional officers and inmates,” Jackley said.


Protecting Youth from Synthetic Substances

Building on recent enforcement actions—including charges filed against five vape shop owners in September—Jackley is seeking stricter regulations on synthetic substances such as Delta-8 THC, THC-O acetate, and hexahydrocannabinol.


The bill would establish age restrictions for these products, limiting access to those 21 and older. Jackley noted that these substances require oversight similar to alcohol and tobacco to protect minors and young adults from “dangerous substances.”


Regulating AI-Generated Adult Content

Following 2024 legislation that criminalized AI-generated child pornography, Jackley’s new proposal aims to protect adults from “deepfake” or digitally fabricated pornographic material created without their consent.


The bill would revise criminal invasion-of-privacy statutes to prohibit the creation and distribution of such material.


“Recent investigations have shown the need to protect further non-consenting adults falling victim to similar AI-generated pornography,” Jackley said.


Looking Ahead

Jackley plans to introduce a total of 10 bills during the upcoming 35-day legislative session. Additional details on the remaining seven bills will be released as they are officially filed with the Legislative Research Council.


The 2026 South Dakota Legislative Session is scheduled to begin at noon on Tuesday, January 13. Once filed, the Attorney General’s bills can be found here: 

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