South Dakota attorney general joins opposition to reclassifying weed as less-dangerous drug

A marijuana plant at the Dakota Herb grow operation near Tea, SD. (John Hult/South Dakota Searchlight)

South Dakota’s attorney general has joined counterparts in 10 other states in writing a letter of opposition to a Biden administration proposal that would reclassify marijuana from a Schedule I to a Schedule III substance.

Schedule I drugs are those classified by the federal government as those that have no medical use and are most prone to misuse. Drugs in schedules II-V each have some medical uses, and have less potential for abuse with each step down the scale.

South Dakota Attorney General Marty Jackley and attorneys general from Alabama, Arkansas, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, and South Carolina submitted a public letter Monday voicing their opposition to the proposal. 

In the letter to U.S. Attorney General Merrick Garland, they argue the proposal is invalid because it wasn’t approved by appropriate Drug Enforcement Agency staff, and would violate international treaty obligations, they say. They also claim that the rescheduling lacks a legal basis and contradicts previous federal findings.

“South Dakota voters have legalized medical marijuana and will have the opportunity this election to determine whether to legalize recreational marijuana in our state,” Jackley said in a press release. “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.”

Jackley said in the press release that a change in federal classification would not alter the enforcement of state laws regarding marijuana in South Dakota.

South Dakota voters will decide on Nov. 5 whether to legalize recreational marijuana, marking the third straight general election with such a measure. Voters backed it in 2020 as part of a constitutional amendment that sought to legalize medical and recreational marijuana. That vote was later challenged and overturned by the South Dakota Supreme Court, which decided that it violated the state constitution’s single-subject rule by lumping together two types of cannabis use. A standalone recreational marijuana measure failed in the 2022 midterm elections.

Medical marijuana was approved in 2020 in a separate ballot initiative. The state issued its first medical marijuana cards in late 2021.

The 2024 petition, validated by the Secretary of State’s Office, has secured enough signatures to be placed on the ballot. If approved, it would allow adults 21 and older to possess, grow, ingest, and distribute marijuana and marijuana paraphernalia, with certain restrictions.