Jackley Issued Opinion on Federal Marijuana Rules

South Dakota's Attorney General says federal rescheduling will not change current state medical cannabis laws.

Updated on Oct. 13, 2026 in Law

Bold flat-color editorial illustration depicting a stylized stone capitol column and dome arc, representing state regulatory authority and legal structure. — South Dakota Attorney General Marty Jackley ruled that federal marijuana rescheduling will not override the state's existing medical cannabis regulatory framework. AI Illustration. Upload story photo >

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Should your state government align its medical marijuana laws with recent changes in federal policy?

South Dakota Attorney General Marty Jackley has determined that the federal rescheduling of marijuana will have a negligible impact on state medical cannabis operations. He clarified that federal law does not preempt the existing South Dakota medical marijuana program.

Why it matters

Lawmakers sought the opinion to understand if federal changes created legal conflicts for state-licensed cannabis facilities. The findings confirm that South Dakota can maintain its current regulatory framework without federal interference.

The attorney general analyzed 6 potential policy options regarding the transition of cannabis products to Schedule III under the Controlled Substances Act. There is currently no state-level scheduling for marijuana under South Dakota law.

The players

Marty Jackley

Marty Jackley is the Attorney General of South Dakota who provides legal interpretations for state agencies and lawmakers.

The details

The DEA issued a rule in April 2026 allowing state-licensed entities to operate legally by obtaining federal registration alongside state credentials. Jackley concluded that Congress has not occupied the field of marijuana regulation, leaving the state's authority to criminalize unauthorized distribution intact.

April 2026: The DEA issued a rule allowing state-licensed businesses to comply with federal law.
August 2026: State administrators reported limited federal guidance to the legislature.
October 13, 2026: Attorney General Marty Jackley published the formal legal opinion.

Political Context

Some lawmakers and advocates argue that the state should proactively align its own statutes with federal changes to reduce legal ambiguity for industry stakeholders. Opponents emphasize that South Dakota should maintain its own distinct classification system to retain local regulatory control.

The attorney general's opinion means that medical cannabis patients and licensed dispensaries in South Dakota face no immediate changes to their access or operational requirements. Residents should note that possession of marijuana remains criminalized in the state outside of the established medical cannabis program.

The takeaway

This opinion provides stability for the state's medical cannabis sector by confirming that existing local regulations remain valid under current federal guidance. Stakeholders should monitor upcoming legislative sessions for potential efforts to independently update state marijuana schedules.