AG Marty Jackley — Enforcement & Rescheduling Posture

AG Marty Jackley — SD Cannabis Enforcement & Rescheduling Posture

Attorney General Marty Jackley has held SD’s top law-enforcement position twice (currently in office). His cannabis posture has been consistently strict: warning that federal rescheduling does not change state criminal law. After Trump’s December 2025 executive order directing cannabis Schedule III rescheduling, Jackley’s December 19, 2025 statement: "Marijuana use and possession is also illegal under South Dakota state law for recreational use, and permissible only for medical purposes with a valid prescription, a medical card, and from a licensed medical marijuana facility."

Legal Disclaimer: This information reflects South Dakota cannabis law as of June 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the South Dakota Department of Health Medical Cannabis Program or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: May 2026

Jackley’s Two-Term AG Tenure

Marty Jackley has served as SD Attorney General twice:

First term: 2009–2018.
Second term: January 2023–present (succeeded Jason Ravnsborg, who was impeached and removed by the SD Senate following an October 2020 fatal pedestrian crash).

Cannabis-Enforcement Posture

Jackley’s posture on cannabis enforcement has been consistently strict throughout both AG tenures:

2009–2018 first term: Pre-IM 26, pre-Amendment A. Jackley’s office prosecuted cannabis cases under the standard SDCL § 22-42-6 framework.
2023–present second term: Post-IM 26 (medical-cannabis program operational). Jackley’s office has prosecuted federal-rescheduling-relevant cases and June 2025 charged a former SDDOH employee with falsifying her own medical-cannabis card.

The December 19, 2025 Schedule III Statement

After President Trump’s December 2025 executive order directing the AG and DEA to complete cannabis Schedule III rescheduling, Jackley issued a December 19, 2025 statement that became the principal SD AG cannabis-policy framing:

"Marijuana use and possession is also illegal under South Dakota state law for recreational use, and permissible only for medical purposes with a valid prescription, a medical card, and from a licensed medical marijuana facility."

The statement was a clear signal that federal rescheduling does not legalize cannabis under SD criminal statutes. The implication: SD residents and visitors should not interpret rescheduling as a license to consume or transport cannabis outside the state-program framework.

The April 28, 2026 Schedule III Implementation

The federal Schedule III rescheduling rule was published in the Federal Register on April 28, 2026 (Federal Register document 2026-08176), the operative effective date under federal administrative law. SD AG Jackley’s office did not issue a major new statement at the publication; the December 19, 2025 framing remained the principal SD posture.

2026 Legislative Package

Jackley’s 2026 legislative package included:

SB 42 — 15-year sentences for trafficking drugs into the SD state penitentiary. Reflects continued strict-enforcement posture.
Proposals targeting hemp-derived intoxicants for under-21s.
Coordination with Sen. Carley’s 2026 potency-cap and repeal-trigger bills (which the Senate Health and Human Services Committee rejected).

The June 2025 SDDOH Employee Prosecution

In June 2025, Jackley’s office charged a former SDDOH employee with four counts of falsifying her own medical-cannabis card. The case was a notable enforcement action that signaled:

SDDOH integrity-protection prosecution is real.
Internal-falsification cases will be prosecuted regardless of subject’s public-employment status.
Cannabis-card-falsification is a meaningful criminal exposure.

Mellow Fellow / Tribal-State Cannabis Compacts

Unlike Alabama AG Steve Marshall, who is named defendant in Mellow Fellow Fun, LLC v. Ivey + Marshall federal hemp preemption suit, SD AG Jackley has not been the named defendant in any high-profile federal cannabis litigation. SD did not pass an HB-445-equivalent hemp-restriction bill until SB 39 in March 2026, which has not yet produced federal-preemption litigation comparable to Mellow Fellow. SD has also not pursued tribal-state cannabis compacts; the AG’s office has not proactively coordinated such negotiation.

The 2026 AG Re-Election Question

Jackley’s 2026 re-election is on the November 3, 2026 ballot. As of May 2026, no high-profile primary or general-election challenge has been announced. SD AG re-election in Republican-supermajority environments is typically routine; cannabis-policy contestation is unlikely to be a major campaign issue.

Practical Notes

Jackley’s posture remains strict. Federal rescheduling does not change SD criminal law in his framing.
SDDOH employee prosecution sets enforcement signal. Card-falsification cases will be pursued.
SB 42 (2026 trafficking bill) reflects continuing tough-on-cannabis posture.
2026 AG re-election likely confirms continuation of current cannabis-enforcement framework.