SD AG: tribal ID card for non-tribal members is not valid
PIERRE, S.D. — The South Dakota Attorney General’s Office clarified Friday that because of the separate sovereign of tribal government and the State of South Dakota, tribal medical marijuana ID cards are not valid for non-tribal members.
The Attorney General’s Office wrote in a release:
“Regardless of its decision concerning marijuana access within its own jurisdiction, a tribal government cannot dictate to a separate sovereign – the State of South Dakota – how the state’s laws apply to its own residents who are not enrolled members of a tribe when they are off reservation land and therefore wholly within the jurisdiction of the State of South Dakota.”
The decision means that a medical cannabis card – issued from a tribe to a South Dakota resident who is not an enrolled member – is not a substitute for a doctor’s certification needed to obtain a medical cannabis card from the South Dakota Department of Health.