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South Dakota Attorney General Clarifies Impacts of Federal Marijuana Rescheduling

Cannabis buds on a white cap with an open orange bottle, South Dakota seal, and "Northeast Radio SD" logo on a dark background.

Northeast Radio SD News – South Dakota - Following a briefing with the White House, South Dakota Attorney General Marty Jackley issued a statement clarifying the implications of President Trump’s recent Executive Order regarding the reclassification of marijuana.


The Executive Order aims to reclassify marijuana from a Schedule I to a Schedule III drug, a move intended primarily to facilitate more robust research into the drug’s potential medical benefits. On Thursday afternoon, Jackley joined a conference call with the White House and other Attorneys General to discuss the implementation and anticipated effects of the order.


Jackley expressed appreciation for the administration’s transparency and ongoing dialogue with state law enforcement leaders. He noted that the primary focus of the White House is to expand the scientific understanding of marijuana’s medical value through this rescheduling.


However, Jackley emphasized that this federal shift does not equate to nationwide legalization. The reclassification to Schedule III does not remove criminal penalties for marijuana under federal law. Furthermore, federal law continues to prohibit licensed physicians from prescribing marijuana until the substance receives formal approval from the U.S. Food and Drug Administration (FDA).


Regarding the impact on South Dakota, Jackley reminded the public that the federal order does not change state laws. Marijuana use and possession remain illegal in South Dakota for recreational purposes.


Under current state statutes, marijuana is only permissible for medical use by individuals holding a valid medical card. These individuals must obtain the product from a licensed medical marijuana facility following a valid prescription.

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