South Dakota's top prosecutor tells feds not to ease marijuana restrictions

Attorney General Marty Jackley signs onto letter opposing White House proposal to reclassify drug

Photo by Mike Von on Unsplash

South Dakota Attorney General Marty Jackley has joined 10 of his counterparts from other states in opposing a federal push to reclassify marijuana as a less serious drug.

The Republican attorney general Monday signed onto a letter sent to U.S. Attorney General Merrick Garland opposing a proposal by President Joe Biden’s administration to reclassify marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act, criticizing it as a step toward full legalization of marijuana at the federal level. He also highlighted states’ ability to control their own marijuana policies.

“South Dakota voters have legalized medical marijuana and will have the opportunity this election to determine whether to legalize recreational marijuana in our state,” said Jackley, who has previously voiced opposition to the legalization of marijuana. “The Biden Administration’s attempt to reschedule marijuana right before the election without proper authority will be harmful to states like South Dakota that have not fully legalized both medical and recreational marijuana.”

In May, the U.S. Justice Department announced that the Attorney General had submitted to the Federal Register a notice to begin considering moving marijuana from a Schedule I to Schedule III drug. According to the U.S. Drug Enforcement Administration, Schedule I drugs are defined as drugs with “no currently accepted medical use and a high potential for abuse.” Other Schedule I drugs include heroin, lysergic acid diethylamide (LSD), ecstasy, and peyote.

Schedule III drugs are defined as drugs with “a moderate to low potential for physical and psychological dependence.”

Jackley said if the reclassification occurs, it will not impact the way local authorities enforce state law.

Other attorneys general who signed onto the letter with Jackley are from Alabama, Arkansas, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, and South Carolina. For South Dakota, Jackley said any federal change to the scheduling of marijuana will not hinder local law enforcement agencies’ ability to enforce state marijuana laws.