Jackley: Trump Executive Order reclassifying marijuana does not make adult recreational use legal in South Dakota
Dec 19, 2025
In the interest of facilitating research on its medical value, U.S. President Donald Trump signed an executive order Thursday (Dec. 18, 2025) reclassifying marijuana from a Schedule I drug to a Schedule III drug.
The reclassification by the U.S. Drug Enforcement Administration moves cannabis from th
e same rating as heroin, ecstasy and LSD (Schedule I) to the same rating as Tylenol with Codeine, Hydrocodone and testosterone (Schedule III).
After a conference call (Dec. 18, 2025) with the White House and other attorneys general, South Dakota Attorney General Marty Jackley said cannabis possession and recreational use remain illegal under state law. He said possession and use of marijuana for medical purposes continues to be legal in South Dakota as long as you have a valid prescription and a medical card from a licensed medical marijuana facility.
The switch to being considered a less dangerous drug does not legalize recreational cannabis use by adults under federal law, but it could change how the product is regulated and reduce the tax requirements on the industry. However, current federal law also does not permit a licensed physician to prescribe marijuana until it receives approval from the Food and Drug Administration.
Trump’s order also calls for expanded research and access to CBD, a legal and increasingly popular hemp-derived product whose benefits to treat things like pain, anxiety and sleep issues are debated by experts. A new Medicare pilot program would allow older adults to access legal hemp-derived CBD at no cost, if recommended by a doctor.
The medical use of marijuana is allowed in 40 states and Washington, D.C. Over the past dozen years, the number of states legalizing recreational cannabis use by adults has risen to 24, along with Washington, D.C.
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