State vs. Federal: The Battle Over Marijuana Rescheduling Heats Up

RAPID CITY, S.D. (KOTA) - South Dakota Attorney General Marty Jackley has joined a coalition of state attorneys general opposing President Biden’s proposal to reclassify marijuana from a Schedule I to a Schedule III drug. This move, seen as a step toward federal legalization, has sparked a heated debate over state versus federal control of marijuana policy.

Jackley emphasizes that decisions about marijuana legalization should be made by voters, not federal authorities. “We strongly believe that our voters should decide the legalization of marijuana. In South Dakota, voters approved medical marijuana in 2020, and this November, they will determine the legality of recreational marijuana,” Jackley stated.

'This sentiment underscores a broader push for state autonomy in determining cannabis laws.

The opposition from state attorneys general centers on the timing of the federal proposal. Jackley and his colleagues argue that many states are currently navigating their own paths on medical and recreational marijuana legalization.

“We’re right in the middle of making those determinations,” Jackley explained. “It’s really not good timing for the Attorney General of the United States to move forward without the support of the DEA.”

Despite the potential for federal rescheduling to alter marijuana enforcement, South Dakota's laws will remain unchanged until at least January 2025, when the next legislative session begins. This delay means any federal reclassification will have limited immediate impact on local regulations.

Advocates for medical marijuana, like Kittrick Jeffries, CEO of Puffy’s Dispensary, argue that reclassification could offer significant protections for patients. “Medical marijuana patients shouldn’t go to prison for small amounts of marijuana,” Jeffries asserted, highlighting the ongoing legal risks for patients under current federal law.

As the debate over marijuana rescheduling unfolds, the clash between federal initiatives and state autonomy remains a critical issue. The outcome will not only influence legal and regulatory frameworks but also shape the future of marijuana policy across the United States.

Should states have the final say over marijuana legalization, or should the federal government take the lead?