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A.G. Jackley Going to (Medical) Pot

Attorney General Marty Jackley doesn’t want Indians growing pot. But he’s open to more research that could support legalization of marijuana for medical purposes.

In a press release issued yesterday, A.G. Jackley says he is urging the DEA and FDA to consider “an accelerated research and development process for marijuana derivatives.” The Attorney General’s office says we can have medical cannabis under three conditions:

Attorney General Jackley agrees and believes three important conditions must be satisfied for public health and safety reasons: 1) FDA approval for marijuana or one or more of the derivatives as a safe and effective drug; 2) A South Dakota doctor to prescribe the drug; and 3) A South Dakota pharmacist to dispense the drug [Attorney General Marty Jackley, press release, 2016.10.26].

This position sounds much like what A.G. Jackley said in 2014 on medical cannabis:

“If we are going to allow there to be a legalization of medical marijuana, we do it the right way. We include the physicians, we include the pharmacists, to make sure they’re comfortable with it and they have the ability and control in place so there isn’t abuse of marijuana,” Jackley said [Jared Ransom, “AG Jackley: Current SD Marijuana Laws ‘Strike Perfect Balance’,” KELO TV, 2014.05.14].

A.G. Jackley’s position also squares with mine: if medical experts say marijuana can help patients, and if medical practitioners are prescribing and dispensing the drug, then far be it from me—or, more importantly, the government—to stand in the way of the medicine doctors say their patients need.

So evidently (and this is a political point the GOP spin blog diligently ignores), support for medical marijuana is off the table as a campaign issue that Republicans can use to make Democrats sound like potheads, since, medically speaking, even Marty Jackley is going to pot.


  1. MC 2016-10-27

    Who says I am against medical marijuana or even hemp production?

    The one thing I know about medicine, despite all we know, we don’t know everything. If a doctor prescribes it, and the patients are monitored by a licensed physician, I have no problems.

    Where we run into problems is at the federal level, marijuana and its derivatives are still a schedule I controlled substance. Regardless what the state might do. The DEA and US Marshals and still bust down doors and arrest everyone involved.

    Another aspect that really concerns me, if the state makes it legal dispensaries are not able to use the banking system. This means all business is cash, and having that much cash in one place (other than a bank) can lead to other troubles.

    The State is complying with DEA, FDA and the rest of the alphabet soup restrictions. For right now it makes sense.

    Jackley is right, let’s work the federal system, then update the state laws

  2. mike from iowa 2016-10-27

    Why ain’t you screaming bloody federal overreach and impeach Obama?

    I thought wingnuts despised federal overreach. Where is your outrage?

  3. leslie 2016-10-27

    oh Marty Jackley, fer Christ sake. as you wind up your republican destruction of the last many years ignoring EB5 although your lawyers monitored it for rounds and daugaard and GOED, and playing around with public money with RAGA, vacating the AG’s office, your future is apparently aimed at Governor and if Brendan Johnson takes a shot at that office, we’ll see how a democrat would handle law enforcement. Perhaps Platte and EB5 investors will get some answers. and hundreds of millions of state and federal dollars wont go missing. and a south Dakota governor will care.

  4. leslie 2016-10-27

    finally, as chief law enforcement officer steeped in prosecuting people with addiction, mental illness, and pot habits, consider:

    “Once the brain is changed by addiction that method of choice is damaged. Its almost like a stroke in that part of the brain. Someone with addiction can no sooner choose not to be addicted than someone with diabetes can choose not to have diabetes.” Sara Wakefield, MD, p. 52, Time, 10.24.16

    then let’s tally up how much we spent last year and see if we can’t treat addiction, mental illness, and pot habits rather than involve the criminal justice system which largely destroys peoples lives with the power of the state.

  5. Roger Cornelius 2016-10-27

    Colorado had the ‘cash only’ business problem for about two days and quickly worked with businesses to accommodate them.
    As it turns out, the businesses didn’t want to be responsible for handling the huge ‘cash only’ trade.

  6. grudznick 2016-10-27

    The Demon Weed is bad. It is bad. Mr. Jackley just hopped over the top of a shark to the libbie side.

  7. Neal 2016-10-27

    MC said: “Jackley is right, let’s work the federal system, then update the state laws.”

    You must not be paying attention. Over half the states have already decided they don’t feel like waiting for the federal government on this issue. Another couple of states will join them in a couple weeks, along with several states that will legalize for recreational purposes too. The writing on the wall is beyond obvious at this point.

    Marty is pandering here to the 75% (or more) of Americans who know that that prohibiting marijuana for medial purposes is idiotic at best, cruel and vindictive at worst. All he’s done here is take a step away from a lifetime of being cruel and vindictive on this issue.

    This announcement is motivated by politics, not policy. Like almost all of his decisions lately.

  8. MC 2016-10-28

    Marijuana and its derivatives are still a schedule I controlled substance, this is a fact. The DEA has opened the door for more research. This is an important step. Now let’s get the hard scientific numbers, so we can show the FDA it is truly a useful medicine.

    Even if all 50 States, District of Columbia, Puerto Rico, Mexico and Canada all make it legal for recreational use. It is still Illegal in the eyes of the DEA and FDA. If we are to change that we need to have hard facts.

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