Attorney General Jackley Issues Official Opinion Concerning Impact Of Federal Rescheduling of Marijuana on State Law
PIERRE, S.D. – South Dakota Attorney General Marty Jackley has issued an official opinion stating that the federal rescheduling of marijuana as a Schedule III controlled substance will not impact South Dakota’s Medical Marijuana program.
“Because federal law explicitly permits state medical-marijuana programs, South Dakota’s program may continue to operate as it has without impact from marijuana’s federal rescheduling to a Schedule III controlled substance,” wrote Attorney General Jackley. “How the program functions in the future will be a policy determination at the discretion of the Legislature or the voters of South Dakota.”
State Sen. John Carley, who is vice chairman of the legislative Medical Marijuana Oversight Committee, had requested the official opinion.
Attorney General Jackley in his opinion stated that the federal DEA, in its reclassification of marijuana, also provided “an explicit pathway” in which participants in state medical-marijuana programs can register with the federal government and continue to operate.
The Dakota Scout offered a bit of hilarity in the US Senate Race, as they held Dem/Independent/Whatever US Senate candidate Brian Bengs’ feet to the fire for specifics about what he stands for…
Prior to the press conference, the National Republican Senatorial Committee issued a press release noting that Sanders and King still caucus with Senate Democrats. The NRSC, which has accused Bengs, Osborn and Bodnar of being “fake independents,” argues that they would not receive committee assignments, which would deprive their states of representation.
“The fake independent circus is fooling nobody,” said Bernadette Breslin, the NRSC’s national press secretary. “Bengs, Osborn, and Bodnar are Democrats who would caucus with Democrats and fight for the radical left’s agenda if elected to the U.S. Senate.”
and..
Asked if there were any Senate votes they would have broken with Democrats on and voted with Republicans, none could name a recent issue.
So, Brian Bengs claims to be be an independent spirit… but is suddenly struck mute when asked where he would have broken from Chuck Schumer?
Fake news is a bit clichè at this point. I think Fake Indy is more on target when it comes to Bengs.
*** Bonus Bengs Bungle ***
Has anyone pointed out to Brian Bengs that he has a problem with state and federal laws? In that he has no disclaimers on his signs?
I don’t see any “paid for by” here. Especially not in a box, as is required in federal elections. Oops.. Kind of a “no no” at state and federal levels.
12-27-15.Political communications to contain certain language–Exceptions–Violation as misdemeanor. Any printed material or communication made, purchased, paid for, or authorized by a candidate or political committee that disseminates information concerning a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the statement: “Paid for by (name of candidate or political committee).”
Remember that any public communication made by a political committee, including communications that do not expressly advocate the election or defeat of a candidate or solicit a contribution, must display the proper “paid for by” disclaimer. This includes (but is not limited to) billboards, yard signs and media advertising.
Attorney General Jackley Statement on Death Of Minnehaha County Sheriff’s Deputy Katherine Frank
PIERRE, S.D. – South Dakota Attorney General Marty Jackleyissued this statement on the death of Minnehaha County Sheriff’s Deputy Katherine Frank who died Monday:
“We mourn the loss of Minnehaha County Sheriff’s Deputy Katherine Frank who sacrificed everything in the line of duty to keep us safe. Let us never forget her courage and the service of all of our law enforcement officers. Deputy Frank and her family remain in our prayers.”
Law School and the Criminal Justice System: A Disconnect? By Roger Baron
A photo of the author when he was the “hooding ceremony” speaker for the USD Law Graduates of 2016
I graduated from law school 50 years ago. When I entered the practice of law as a naïve young lawyer, I found things weren’t as I expected. The single most dramatic shortcoming I found in my legal education was availability and emphasis on criminal law in the curriculum. Although I needed 90 hours course credits to graduate law school, I was only required to take two courses involving Criminal Law – a 3 credit course in Criminal Law and a 3 credit course in Criminal Procedure.
As a practicing lawyer, I discovered that the vast majority of cases in the state courts were criminal cases. In the county where I had a general practice in rural Missouri, the courthouse clerk kept active criminal files in a separate set of file cabinets than active civil files. There were about twice as many criminal file cabinets than civil file cabinets. Of course, in those days, all records and files were maintained in hard copy as paper products. There were no electronic filing systems.
This imbalance between criminal and civil cases was not unique to Missouri, and is not unique to South Dakota. It is a national phenomenon. I saw it in the file cabinets. We now see it in the statistics.
According to South Dakota’s Unified Judicial System (UJS), for the fiscal year 2025, 68.9% of the cases filed in South Dakota State Court were criminal (139,510 of the total of 202,589). In federal court in South Dakota for the same time period, 58% of all the cases filed were criminal (516 of the total of 890 cases).
In federal court in South Dakota in 2024, there were 42 jury trials held – and 38 of those were criminal. This means slightly more than 90% of all jury trials in the District of South Dakota were criminal cases. (Comparable statistics for jury trials in FY 2025 are not available; the January 2026 federal newsletter reports 40 jury trials in FY 2025, but does not identify how many of those were criminal.)
At the University of South Dakota School of Law, only 6 of 90 required credit hours are devoted to Criminal Law and Criminal Procedure – identical to my experience in Missouri more than 50 years ago. When viewed in comparison with the statistic described above, this disparity is striking. There are some criminal law-related elective courses, but many students do not take these courses.
I am not the first person to question role of criminal law in legal education. More than 60 years ago Professor Harry Glassman asked, Why Don’t We Teach Criminal Law? Glassman observed “The strangest shortcoming in the average law school curriculum is the comparative neglect of criminal law,” which he described as an “orphan” in legal education. Paul Kurtz later conducted a nationwide empirical study of criminal-justice curricula, resulting in the suggestion that there should be an effort to explore how more of the curricula should be devoted to criminal law.
More recently, Professor Alice Ristroph questioned whether traditional criminal-law teaching adequately reflects the realities of the modern criminal justice system. She states that her mission consists of “dual aims to destabilize the current curricular model and to move toward something better.” She posits that this failure of the legal education system has contributed to the mass incarceration phenomenon that society faces today.
Even more recently and closer to home, USD Knudson School of Law Professor Gregory Brazeal published a law review article in which he examines the gap between the traditional law-school curriculum and the actual operation of the American criminal justice system. Professor Brazeal argues that the current system tends to focus on appellate opinions and doctrinal problems, without paying adequate attention to the day-to-day realities of prosecutors, defense lawyers, judges, plea bargaining, and the criminal process.
Of course, counting cases is not the same as counting hours of judicial or attorney time. A single complicated civil lawsuit may require more work than a minor criminal matter. I do not suggest that criminal law should constitute 68.9% of the law-school curriculum at South Dakota’s only law school just because criminal cases constitute 68.9% of the case load in South Dakota. Rather, this disparity raises a legitimate question about whether present allocation of required legal education bears a reasonable relationship to the work lawyers and courts perform.
If criminal cases constitute nearly 70% of South Dakota’s state-court filings, more than half of its federal district-court filings, and more than 90% of its federal jury trials, is it reasonable that a law student graduate with only six required credit hours of criminal-law education? Perhaps the answer is yes. But I believe the question deserves to be asked—and answered—not by tradition, but by looking honestly at the legal system which those students are preparing to enter.
The ultimate question is not whether criminal law should constitute 70% of a law-school curriculum. The question is whether 6.67% is enough.
Authorities: Harry P. Glassman,Why Don’t We Teach Criminal Law?, 14 J. Legal Educ. 170 (1961); Paul M. Kurtz,An Inventory of the Criminal Justice Curriculum of American Law Schools, 31 J. Legal Educ. 164 (1981); Alice Ristroph,The Curriculum of the Carceral State, 120 Colum. L. Rev. 1631 (2020); Gregory Brazeal,Justice Theater in the Criminal Law Curriculum, 45 Cardozo L. Rev. 2421 (2024).
Note: In regard to the preparation of this week’s column, the author would like to thank Professor Gregory Brazeal, Attorney Sarah Baron Houy and Claudia Baron for their assistance and input.
Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at rogermbaron@gmail.com .
South Dakota Rising By: Gov. Larry Rhoden October 9, 2026
My wife, Sandy, is passionate about the “Rising Stars” that make South Dakota the best place to live. So, about a year ago, she launched the South Dakota Rising Award to recognize the people who are stepping up, solving problems, serving their neighbors, and making their communities better. There are countless examples of South Dakotans rising to the occasion every day, often without recognition.
Some of our greatest opportunities come when people are willing to rise together. I’m focused on making life more affordable for South Dakotans, and it took a team to deliver the largest property tax cut in South Dakota history. I’m proud of all the counties that have quickly adopted the local option property tax cut – this will result in real savings for South Dakota homeowners. Another example: we heard from farmers that rising diesel prices were making harvest tough this year, so I took what action was in my authority to deliver relief.
Both of those initiatives could not have happened in a silo – we needed to work together to deliver results.
Working together involves building strong relationships built on respect, communication, and a willingness to listen. We may not always agree – but we can always choose to talk with each other, rather than at each other.
In early October, Native American Day helps us recognize the rich cultures, traditions, and contributions of the nine tribes that call South Dakota home. Even though many of us come from different backgrounds or communities, we are all South Dakotans. We all want safe communities. We all want our children to have opportunities. And we want South Dakota to continue to remain strong, safe, and free.
This year, thanks to the collaboration of state, local, and Tribal law enforcement, we busted a multistate “Operation Black Book” cocaine-trafficking. Getting these drugs out of our communities will not be accomplished by any one person or one government. It will take all of us rising together.
When I travel the state, I am always encouraged to see South Dakotans stepping up to help a neighbor, start a business, or serve their community. They are rising to the occasion. And when we bring those “Rising Stars” together, our whole state benefits.
Building relationships matters. Listening matters. And it is why we recognize the people who are willing to step forward and make a difference. If you know of some “Rising Stars” in your community, I encourage you to nominate them for the First Lady’s Rising Star Award.
And I encourage every South Dakotan to look for an opportunity to rise. Rise to serve your neighbor. Rise to listen to someone with a different perspective. Rise to find agreement. And rise to the challenges facing your community.
Our greatest strength has always been our people. When we work together, there is no limit to what South Dakota can accomplish.
In South Dakota, the holiday season begins on the third Saturday in October. The annual pheasant opener is an unofficial state holiday, and as with any holiday, the anticipation builds as the date approaches. As we dig out our blaze orange and chaps, clean the shotguns, and exchange stories about years past, we look forward to the hunt, the big meal afterward, and the gift of a fall day spent in South Dakota’s great outdoors.
Like many folks in our state, pheasant hunting is a tradition in the Thune family. My dad was born the year of the first official pheasant season in South Dakota, and he was never one to miss a hunting season, even into his late 90s. He taught my brothers and me how to bag a rooster, and ever since my first hunt when I was 12, I’ve looked forward to chasing pheasants every fall.
I’ve been blessed to share hunts with my dad, my siblings, and a number of good friends and fellow South Dakotans over the years, and it’s been especially meaningful to pass along this tradition to the next generation. I taught my daughters to hunt when they were growing up, and fortunately they married outdoorsmen, and now we’re sharing this tradition with my grandkids, who may even be better spotters than I am!
The annual pheasant hunt has been a fixture for a lot of families since it began over 100 years ago, and the population of birds and hunters keeps growing. A strong pheasant population isn’t just nature taking its course though. Our state’s famed pheasant hunting is thanks, in no small part, to the conservation efforts by farmers who support quality habitat for ringnecks in fields across South Dakota.
The Conservation Reserve Program (CRP) is not only the cornerstone of federal conservation programs, it also helps support our state’s pheasant population. CRP supports farmers who take environmentally sensitive land out of production, which helps maintain a strong habitat for pheasants. My bill, the CRP Flexibility and Improvement Act, would make this program a more effective option for producers, and I’m proud that it’s included in this year’s Senate farm bill because programs like CRP are an important part of ensuring South Dakota remains the Pheasant Capital of the World both now and for generations to come.
Pheasant hunting is part of our way of life in South Dakota, and I hope it always will be. I’d love to be able to be out in the field in my 90s like my dad, and I trust that pheasants – and pheasant hunters – will always find a home in the fields of South Dakota.
Strong Rural America By Rep. Dusty Johnson October 9, 2026
BIG Update
Native American Day is an opportunity to recognize and celebrate the rich history, culture, and contributions of Native Americans in South Dakota. Our state is home to nine Tribal Nations, each with unique traditions, histories, and communities that are an important part of South Dakota’s story. I’ve worked to build strong relationships with our tribal communities and am proud of the open communication and conversations I’ve had with tribal leaders. Their guidance has helped shape my work in Congress, and I’m honored to have been recognized as the most effective member of Congress for tribal relations. I look forward to continuing to work together to strengthen our communities.
BIG Idea
Clean, accessible water is essential to a vibrant and healthy rural America. I joined Rep. Brad Finstad from Minnesota for a roundtable discussion on federal programs that support rural water access. We heard from local community leaders about the impact the U.S. Department of Agriculture’s (USDA) water programs can have in rural communities. For many communities, these programs help make critical water infrastructure projects possible and ensure families and businesses have access to reliable water. The Farm Bill authorizes additional investments in rural water projects, underscoring the need to get this legislation across the finish line and continue supporting rural communities.
Johnson and Finstad discuss rural water needs
BIG News
Emergency medical services (EMS) provide life-saving care and emergency response across South Dakota. In rural areas of our state, timely access to care and qualified EMS professionals are crucial. The Rural Health Transformation Program recently awarded South Dakota $7.2 million to support ambulance-based telemedicine and improve emergency communications. This investment will strengthen emergency response and the long-term stability of emergency services in South Dakota, helping ensure care is available when people need it most. The funding will bolster our health care workforce, modernize dispatch communication technology, expand access to telemedicine, and support quality improvement efforts. These investments will help EMS providers deliver faster, more coordinated care and better serve South Dakotans, especially in rural communities.
Flags at Half-Staff at State Capitol in Honor of Elmer Bietz
PIERRE, S.D. – Today, Governor Larry Rhoden ordered that flags be flown at half-staff at the State Capitol from sunrise until sunset on Tuesday, October 13, 2026, in honor of former state legislator Elmer Bietz. He served in the South Dakota Senate from 1983 to 1992.
A funeral service will be held at 10:30 am CT on Tuesday, October 13, 2026, at First American Lutheran Church in Tripp, SD.
From the Unified Judicial System, the charges against State Senator Mark Lapka are on-line. And it seems like they could be worse:
At this point, it appears he’s been charged with DUI and failure to stop after an accident. Well, at least failure to stop on his own. That cottonwood tree seemed to be doing a pretty good job of stopping the combine for him.
In response to State Senator Mark Lapka’s arrest for an alleged DUI. Which took place while driving an alleged combine into an alleged tree, State Representative Travis Ismay, from his personal facebook account, tells the story of why only certain legislators end up all over the news for being arrested for stupid:
Oooooohhhh… so only the real republicans get caught for doing stupid stuff. Got it.
In South Dakota, the holiday season begins on the third Saturday in October. The annual pheasant opener is an unofficial state holiday, and as with any holiday, the anticipation builds as the date approaches. As we dig out our blaze orange and chaps, clean the shotguns, and exchange stories about years past, we look forward to the hunt, the big meal afterward, and the gift of a fall day spent in South Dakota’s great outdoors.
