Re: How a federal rule locks a state patient out, and what the Committee can forward
- History of the state statute
The South Dakota Controlled Substances Act was enacted in 1970, the same year as the federal Act. Schedule I still requires no accepted medical use. The Department recommends. The Legislature reschedules.
https://weedpress.org/2026/03/24/the-south-dakota-controlled-substances-act-legislative-architecture-intent-and-institutional-design-in-a-potential-federal-rescheduling-context/ - The treaty change
In December 2020 the Commission on Narcotic Drugs voted 27–25 to remove cannabis from Schedule IV of the Single Convention. That change took effect in 2021. The United States later reread the treaty as a trafficking instrument, and the April 28, 2026 order used 21 U.S.C. § 811(d) to place qualifying state-licensed medical marijuana in Schedule III. The treaty is not a reason to tell a patient to wait.
https://weedpress.org/2026/05/06/why-business-lawyers-and-lawmakers-must-master-the-u-s-reinterpretation-of-the-single-convention-treaty-flexibility-as-the-foundation-for-durable-cannabis-reform/ - The waiver Congress already wrote
21 U.S.C. § 822(d) lets the Attorney General waive registration if consistent with public health and safety. South Dakota has not asked.
https://weedpress.org/2026/01/25/legal-memorandum-common-misconceptions-in-cannabis-activism-regarding-federal-drug-law/
The 2021 Grassley letter is the same ask aimed at a real program.
https://weedpress.org/2021/12/29/letter-to-senator-chuck-grassley-about-federal-medical-cannabis-exemption-december-27-2021/ - Do not shrink the card because Washington is unclear
Testimony against SB 181. A federal conflict is not a reason to punish the patient who already has a state card. Same shape as the veteran-certification problem.
https://weedpress.org/2026/03/04/dont-punish-patients-for-federal-uncertainty-my-testimony-opposing-sb-181/ - Pierre already wrote a trigger for a drug that is not approved
House Bill 1099 moves an FDA-approved psilocybin product to Schedule IV the day it exists. Cannabis, which the State already licenses as medicine, has no equivalent answer.
https://weedpress.org/2026/09/04/samhsa-told-states-to-prepare-for-psychedelic-medicines-before-fda-approval-south-dakota-already-wrote-a-psilocybin-trigger-and-still-has-not-answered-federal-cannabis-schedule-iii/ - Schedule I still decides who gets charged
South Dakota’s Schedule I listing still shapes real cases. Moving qualifying medical cannabis to Schedule III changes who gets charged and how.
https://weedpress.org/2026/09/02/south-dakotas-schedule-i-listing-still-shapes-real-cases-moving-cannabis-to-schedule-iii-would-change-who-gets-charged-how/
The petition asking the Department to rule on that listing was delivered in person on August 31, 2026, and stamped received at 3:33 p.m. Central by DOH Fiscal.
https://weedpress.org/2026/08/31/weedpress-asks-south-dakota-health-department-to-rule-whether-schedule-i-cannabis-still-fits-the-states-own-statute/ - The caregiver is the live patient barrier
South Dakota still lets a designated caregiver carry product and still protects specified no-value transfers under SDCL § 34-20G-2(6). The Schedule III label says transfer to anyone but the patient is a crime. Who is the patient when the person at the counter is a caregiver?
https://weedpress.org/2026/09/28/deas-new-transfer-warning-collides-with-south-dakotas-caregiver-and-patient-transfer-laws/ - How the Committee implements this
Name the noun, name the desk, put the question in the record. The Committee evaluates and recommends. It does not adopt the rule. A motion forwarding the caregiver question, the four-certificate question, the August 31 petition, the criminal-defense question, and the Attorney General question to the Department of Health, with a copy to the Attorney General, is inside that job.
https://weedpress.org/2026/09/27/authorized-partnerships-lay-participation-in-administrative-process-and-the-south-dakota-cannabis-file/ - Homegrown is still an unanswered federal question
https://weedpress.org/2026/07/13/does-the-deas-new-prescription-rule-apply-to-state-authorized-homegrown-medical-cannabis-an-unanswered-legal-question/
Legislative Research Council has also said the Department’s new under-21 homegrow restriction may lack statutory authority.
https://weedpress.org/2026/09/23/lrc-says-south-dakota-healths-new-homegrow-restriction-may-lack-statutory-authority/ - Seventeen years of the exemption path
https://weedpress.org/2026/06/30/seventeen-years-of-federal-exemption-architecture-from-2011-arizona-preemption-fights-to-schedule-iii-in-2026/ - The 54-page rule draft and Form 14
https://weedpress.org/2026/09/14/after-reading-south-dakotas-54-page-cannabis-rule-draft-i-filed-a-supplemental-comment-on-what-form-14-doesnt-explain/ - Custody is a patient consequence, not a slogan
https://weedpress.org/2026/09/21/can-you-lose-child-custody-for-medical-marijuana-in-south-dakota-what-the-law-actually-says/ - Other states have already picked a response
https://weedpress.org/2026/08/04/federal-medical-cannabis-rescheduling-has-produced-four-distinct-state-responses-but-most-states-still-have-not-chosen-one/ - Iowa’s board already endorsed the federal exemption
Iowa’s Medical Cannabidiol Board has recommended that the state seek a federal exemption for its program since the 2019 annual report, repeated it in the January 1, 2020 report, and carried it as Recommendation 8 in the December 31, 2024 report. The statute it points to is 21 U.S.C. § 822(d). Iowa has still not filed the request.
https://weedpress.org/2026/01/16/state-board-warns-iowa-cannabis-program-breaks-federal-law-endangers-the-public/ - Minnesota lawmakers already told the health department to ask
In 2021, Minnesota legislators, including Jeremy Munson, backed a bill requiring the Commissioner of Health to apply for a federal Schedule I exemption for medical cannabis.
https://weedpress.org/2026/04/26/minnesota-was-arguing-schedule-iii-before-washington-caught-up/ - Hawaii’s Senate backed the same ask
Hawaii senators passed resolutions calling on state officials to seek a DEA exemption for registered patients and registration waivers for licensed dispensaries. Hawaii issued a similar directive in 2021. Officials still had not acted.
https://weedpress.org/2026/04/04/iowa-set-the-example-for-pressing-the-feds-hawaiis-senate-just-backed-the-same-approach/ - An Iowa defense lawyer told the legislature to ask
On February 18, 2021, West Des Moines attorney Colin Murphy wrote that Iowa should put language in its marijuana bills requiring the state to seek a federal exemption for state-authorized cannabis, using the peyote exemption as the existing framework.
https://www.grllaw.com/blog/iowa-should-seek-federal-exemption-for-state-marijuana-laws/ - https://weedpress.org/2026/04/01/no-15-the-uniform-controlled-substances-act-and-the-architecture-of-modern-drug-scheduling/
- https://weedpress.org/2026/02/10/south-dakota-testimony-in-opposition-to-sb-181-and-sb-194/
- https://weedpress.org/2025/07/04/senator-john-thune-federal-solution-to-state-medical-marijuana-laws-in-hands-of-state-not-congress/
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