South Dakota’s Medical Cannabis Program Faces Critical Test: Why the Department of Health Must Act Before the June 29 DEA Rescheduling Hearing

The federal government’s partial rescheduling of certain marijuana products to Schedule III has created an urgent conformity moment for South Dakota. With the DEA’s broader rescheduling hearing set for June 29, 2026, the Department of Health now faces a narrow window to fulfill its mandatory statutory obligations under state law and protect patients from unnecessary legal uncertainty.

The Federal Trigger Is Clear

On April 28, 2026, the DEA issued a final order placing FDA-approved marijuana products and marijuana subject to qualifying state-issued medical licenses into Schedule III of the federal Controlled Substances Act.¹ This action formally acknowledges accepted medical use for covered categories and removes them from Schedule I status. South Dakota’s medical cannabis program, enacted by Initiated Measure 26 (2020) and codified at SDCL ch. 34-20G, already recognizes and regulates that same accepted medical use.² The continued classification of marijuana as Schedule I under state law now sits in direct tension with both federal reality and the state’s own statutory framework.

South Dakota Law Requires Action

SDCL 34-20B-27 imposes a mandatory duty on the Department of Health: “The department shall make recommendations to the Legislature that a substance be added, deleted, or rescheduled when the department determines that such substance has a different potential for abuse.”³ The word “shall” creates a non-discretionary obligation.⁴ When making any scheduling determination, the Department should apply the statutory scheduling criteria, including the Schedule I criteria in SDCL 34-20B-11 and the Schedule III criteria in SDCL 34-20B-18.

The April 28 federal order supplies compelling evidence that warrants Department review of South Dakota’s Schedule I classification and appropriate recommendations to the Legislature.

Patient Impacts and Program Integrity Are at Stake

Patients in South Dakota’s medical cannabis program deserve clarity and stability. Continued misalignment between federal and state scheduling creates unnecessary legal risk for patients, caregivers, and licensed operators. Without timely state action, prosecutions and regulatory uncertainty could increase, undermining the very program voters approved in 2020 to provide safe, regulated access for qualifying patients.

The Path Forward

The June 29 DEA hearing represents a pivotal moment. South Dakota has the opportunity — and the statutory duty — to align its laws with federal developments in a way that best serves patients and maintains program integrity. The Department of Health should open a formal administrative review now, apply the statutory criteria in SDCL 34-20B-11 and 34-20B-18, issue written findings, and submit clear legislative recommendations before the federal process advances further.

WeedPress will continue to document these developments and provide analysis as the June 29 hearing approaches. Patients and operators deserve a regulatory framework that is both legally sound and practically workable. The time for the Department of Health to act is now.

Footnotes

¹ Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana From Schedule I to Schedule III; Corresponding Change to Permit Requirements, 91 Fed. Reg. 22714 (Apr. 28, 2026) (2026-08176).

² SDCL ch. 34-20G (medical cannabis program enacted by Initiated Measure 26 (2020)).

³ SDCL 34-20B-27.

⁴ SDCL 2-14-2.1; see also In re Bohn v. Bueno, 2024 S.D. 6, ¶ 12, 3 N.W.3d 441, 447–48.