Request for South Dakota to Petition U.S. Attorney General for Waiver Under 21 U.S.C. § 822(d)

South Dakota’s medical cannabis setup (under Department of Health via SDCL 34-20G) is tightly regulated, low-diversion, and focused on patients—ideal for arguing a 21 U.S.C. § 822(d) waiver to exempt state-licensed operators from DEA registration, as long as it aligns with public health/safety.

No one’s filed yet (day zero), but SD could slot in after your Hawaii call or even jump ahead with their voter-driven history. The Attorney General (Marty Jackley) is the top legal officer and can petition federally, while coordinating with the Board of Pharmacy (which handles controlled substances registration and PDMP under DOH) for state-side review (SDCL 34-20B for schedules, where THC analogs are Schedule I but medical exempt).

Submission Tips:

• Phone: (605) 773-3215 | Fax: (605) 773-4106 | Email: atghelp@state.sd.us (or check atg.sd.gov for specifics)

• CC: Secretary of Health (Melissa Magstadt, doh.sd.gov), Board of Pharmacy (via doh.sd.gov/boards/pharmacy), Governor Kristi Noem, key legislators.

Attorney General Marty Jackley

South Dakota Attorney General’s Office

1302 E. Hwy 14, Suite 1

Pierre, SD 57501-8501

• CC:

• Rep. Josephine Garcia (Chair, MMOC): Via sdlegislature.gov legislator contact form or mail to Capitol.

• Sen. John Carley (Vice Chair, MMOC).

• Secretary of Health Melissa Magstadt (doh.sd.gov).

• Board of Pharmacy (doh.sd.gov/boards/pharmacy).

• Governor email.

MMOC Chair Sen. Erin Tobin (erin.tobin@sdlegislature.gov) and Vice Chair Rep. Ernie Otten (ernie.otten@sdlegislature.gov).

• Check sdlegislature.gov/interim for next MMOC meeting—submit public comment or request agenda item.

[Your Name/Organization]

[Your Address]

[City, SD ZIP]

[Email]

[Phone]

[Date: December __, 2025]

Re: Request for South Dakota to Petition U.S. Attorney General for Waiver Under 21 U.S.C. § 822(d) Following Federal Rescheduling of Marijuana to Schedule III; Recommendation for Medical Marijuana Oversight Committee (MMOC) and Board of Pharmacy Review

Dear Attorney General Jackley,

We, the undersigned South Dakota residents, cannabis industry stakeholders, patients, healthcare providers, and advocates, respectfully request that the State of South Dakota—through your office—formally petition the U.S. Attorney General to issue a federal exemption under 21 U.S.C. § 822(d) for South Dakota’s regulated medical cannabis laws (SDCL 34-20G and related statutes).

This request is timely and urgent in light of President Trump’s Executive Order signed today (December 18, 2025), directing the expedited rescheduling of marijuana from Schedule I to Schedule III under the federal Controlled Substances Act. This historic action officially recognizes marijuana’s accepted medical uses, lower potential for abuse, and value in research—aligning closely with South Dakota’s voter-approved medical cannabis framework since 2021.

Under 21 U.S.C. § 822(d), the U.S. Attorney General may waive DEA registration for certain persons if the controlled substance is subject to adequate state controls consistent with the public interest, health, and safety. South Dakota’s medical cannabis program—administered by the Department of Health with strict licensing, testing, tracking, labeling, and enforcement—demonstrates exemplary public health and safety protections, low diversion rates, and effective safeguards against underage access or illicit markets.

Granting such a waiver would:

• Provide formal federal non-interference for intrastate activities, enhancing banking access, research, and economic stability for South Dakota’s medical cannabis industry.

• Support seniors and patients benefiting from the new Medicare pilot for doctor-recommended CBD products (per the Executive Order’s Kessler protocol).

• Reinforce states’ rights in drug policy while maintaining federal alignment post-rescheduling.

We further request that you coordinate with the Medical Marijuana Oversight Committee (MMOC) to place this matter on its agenda for review and recommendation, as well as with the South Dakota Board of Pharmacy (which administers controlled substances under SDCL 34-20B, including schedules where THC derivatives are listed but medical activities exempted) and its Prescription Drug Monitoring Program (PDMP) Advisory Council to evaluate the impacts of federal rescheduling on state laws and recommend any necessary adjustments or support for this federal waiver petition.

South Dakota has pioneered responsible medical cannabis access through direct democracy. Now is the moment to secure lasting protections. We stand ready to provide data, testimony, or coalition support to the MMOC or other relevant bodies.

Thank you for your consideration. We look forward to your response and action.

Sincerely,

Jason Karimi

[Title/Organization, if applicable]

[Additional Signers]