The United States Drug Enforcement Administration is moving to reclassify marijuana as a Schedule III drug.
Marijuana is currently classified as a Schedule I drug with the DEA. That’s the same class as drugs such as heroin and ecstasy. The reclassification would place marijuana with substances like aspirin with codeine and testosterone.
South Dakota Attorney General Marty Jackley said the reclassification won’t impact the state in any major way.
“It wouldn’t make any difference on the state level. What would make a bigger difference on the state level are the various initiated measures that are being circulated. And, obviously voters have the opportunity in South Dakota once all that certification process is completed, if those are on the ballot, to whether or not to legalize recreational marijuana here in South Dakota," said Jackley.
Jackley said if the reclassification occurs, it will not impact the way local authorities enforce the law.
“At some level, obviously Congress may take a look at this, certainly the South Dakota Legislature has an opportunity on the state level. And again, I believe that ultimately the people of South Dakota will make a determination,” said Jackley.
The federal reclassification of marijuana would make it more available for scientific study, advocates say.
Moe Branson is the Founder and CEO of My Marijuana Cards. The company has provided over 6,000 South Dakotans with medical marijuana cards since 2020.
He said reclassification is a step in the right direction.
“The reclassification demonstrates that the government recognizes the medical benefits of cannabis and legitimizes use. This rescheduling is an important milestone on the path to federally decriminalizing marijuana and making it legalized for all Americans,” said Branson.
The proposed reclassification also opens a door for federal tax breaks for marijuana dispensaries that currently have limited options.
While the DEA has signed off on the plan to reschedule, there are still several steps left in the reclassification process.
Next, the proposal must be reviewed by the White House Office of Management and Budget. The proposal then is made open for public comment before finally being reviewed by an administrative judge.
