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Jurisdiction Over Marijuana in South Dakota and Our Reservations

 

FOR IMMEDIATE RELEASE:   Tuesday, June 16, 2015

CONTACT:  Sara Rabern  (605) 773-3215

PIERRE – The possession, distribution and manufacture of marijuana is a violation of both federal and state law. Unfortunately, the federal government has created confusion in relation to marijuana jurisdiction in Indian Country with recent inconsistencies. As South Dakota's Attorney General, I respect each Tribes authority to pass laws that govern Indian persons within Indian Country. It is equally important to recognize that South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian Country; (2) all Indian persons outside of Indian Country.

"I want to encourage Tribal leaders to continue to work with state authorities to better ensure our respective laws are followed, public safety on our roads remains a consideration, and that both Indian and non-Indian persons are not put in harm’s way by the jurisdiction complexities being created by our federal government,” said Attorney General Jackley.