South Dakota official claims non-Indians can't use marijuana


The Flandreau Santee Sioux Tribe hosts its annual wacipi, or powwow, from July 17-19. Photo from Facebook

South Dakota Attorney General Marty Jackley claims non-Indians won't be able to use marijuana in Indian Country.

Jackley told South Dakota Public Radio that marijuana is illegal under federal and state law. So even though the Flandreau Santee Sioux Tribe has legalized the drug for commercial, recreational and medicinal use, he believes non-Indians won't be able to go to the reservation to consume it.

"Non-Indians are subjected to both federal and state law so any that any medical use in Flandreau would not be permitted for non-Indians," Jackley told the program.

The tribe, however, plans to welcome everyone to the reservation. A dedicated facility will be set up by the end of the year for all consumers, Indian and non-Indian.

Jackley did acknowledge that members of other tribes would not fall under state jurisdiction if they use marijuana at Flandreau.

The tribe is the first in South Dakota to legalize the drug and adopt a comprehensive set of laws and policies to address its sale and use. Elsewhere in the state, drug laws remain extremely strict.

The Department of Justice opened the door to legal marijuana in Indian Country with the 2014 Wilkinson memo.

Get the Story:
SD Attorney General Explains Marijuana Jurisdiction (South Dakota Public Broadcasting 6/22)

Relevant Documents:
Department of Justice Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)

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