SD state law limits who may buy pot on reservations

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SIOUX FALLS - Marijuana will be available for sale soon in South Dakota, but so far only on the Flandreau Santee Sioux tribe reservation.

The South Dakota state attorney general says state law makes pot off limits to everyone except Native Americans.

Sioux Falls father, George Hendrickson said what's happening on the reservation still gives him hope.

His son Eliyah suffers seizures from Dravet Syndrome.

Hendrickson said CBD oil from cannabis could help treat his son's disease.

He's also sponsoring a petition for a medical marijuana ballot initiative.

Like most dads, Hendrickson would do anything for his son, and what he wants is to stop his Eliyah's seizures.

Jackley said his job is to enforce the law, not create the law, while Hendrickson said his group continues to seek signatures for its petition to legalize medical marijuana.

"To know that in the middle of the night, he's having basically an electrical storm going off in his brain and in his body, that's causing him to convulse and tear his own body apart, as a father it's gut-wrenching," Hendrickson said.

There is one drug which may help Eliyah, medical marijuana

"CBD has been shown with children with Dravet Syndrome to have dramatic effects, in changes in their cognitive reasoning, and ability to have seizure control," Hendrickson said.

By the first of the year, the Flandreau Santee Sioux tribe will begin sales of recreational and medical marijuana, but not necessarily to everyone.

South Dakota attorney general Marty Jackley said "South Dakota law prohibits the possession of marijuana by all non-indian persons,anywhere in South Dakota, including, within Indian Country."

It's why Hendrickson is fighting for his son with a petition to put legalized medical marijuana on the ballot.

"If it wasn't for my son, I would probably be as disinterested in it as the next person on the street. It's amazing how much different it is, once you have some skin in the game," Hendrickson said.

In the meantime, the sale of pot on a South Dakota reservation gives this one dad hope for his son.

"The silver lining is that it will give us an immediate access to medicine that could already be in play, if the tribe continues to go ahead with their plan to produce, grow and harvest and manufacture medicine," Hendrickson said.

Jackley said his job is to enforce the law, not create the law, while Hendrickson said his group continues to seek signatures for its petition to legalize medical marijuana.

The South Dakota attorney general tells us he's working with tribal leaders on the issue.

Jackley has another meeting scheduled with the tribe this week.