South Dakota Cannabis News Recap 4/5/22
March 28 – The South Dakota Legislature fails to override Noem’s veto on SB 151
On Monday, March 28th, Veto Day, the South Dakota Senate voted 17-17 in an attempt to override Governor Noem’s previous veto on Senate Bill 151.
SB 151 "would have automatically removed simple marijuana charges and convictions from public background records if the violation was more than five years old. The person also would have had to fulfill sentencing and probation requirements and have no subsequent arrests."
State Senator Helene Duhamel argues against SB 151 on the floor of the South Dakota Senate.
Cannabis reform advocates were very disappointed with this outcome. SDBML campaign director Matthew Schweich commented on the result, saying: “This bill was a modest step forward on record-clearing. It would have applied to minor cannabis convictions after five years and it would only have removed those convictions from public background records. A cannabis conviction can affect a person’s access to employment, housing, business loans, education, and even military service. Governor Noem’s veto puts a foot on the back of thousands of South Dakotans."
Argus Leader: “Senate sustains Noem's veto on bill to expunge old pot charges from background checks”
Keloland: “Updates from Veto Day: Noem’s vetoes remain upheld”
March 30 – South Dakota dispensaries expected to open this Fall
The Executive Director of the Cannabis Industry Association of South Dakota and the COO of Genesis Farms sat down with the Argus Leader to discuss the timeline for when dispensaries will be opening their doors.
The main reason why dispensaries can’t open right now is because they do not have enough product to sustain the medical cannabis market in the long run. It takes at least a couple of months for the plants to grow and then they will have to be dried, cured, and manufactured.
A total of 33 dispensaries have been licensed by the state so far, but there are currently only 12 cultivation sites and two manufacturers. The slow rollout of medical cannabis cards is also an issue for dispensaries. Due to the lack of doctors in South Dakota who are willing to write recommendations for cards, only 306 card applications have been approved and 21 are still pending. The COO of Genesis Farms stated: “We need to educate doctors and patients on the process. The only way we can serve anyone is if they have the South Dakota-issued medical card.”
Argus Leader: “When will marijuana dispensaries finally open in South Dakota? Here's what cannabis leaders say”
April 4 – Flaws in South Dakotas medical card system
In their article published on April 4th, Keloland outlines the differences between state licensed cannabis cards and tribal cannabis cards. While over 10,000 South Dakotans have a cannabis card from Native Nations on the Flandreau Santee Sioux Tribe, only around 300 South Dakotans have been able to receive the state-issued card.
The owner of the Hartford dispensary states that along with the lack of information available to the public and the lack of physicians in South Dakota who are licensed to write recommendations for state-issued medical cards, it is almost impossible to receive a card right now: “When you look at the state’s website and it shows the patients the process, the very first step in the process is, see your physician…As we know, with 2,000 physicians in the state, only 90 of them certified to help a patient with cannabis, but nobody knows who those 90 are…so finding those doctors is like finding a needle in a haystack.”
Another issue with the tribal cards is they only protect those who are on the reservation. As soon as an individual leaves the Flandreau Santee Sioux Tribe, they’re at risk for arrest. Seth Pearman, attorney general for the Flandreau Santee Sioux Tribe, stated: “We’re between 10 to 15 arrests that we know about right now…It’s a little disheartening that somebody is coming in to get some medicine for themselves and are stopped for a taillight out and having all of their products taken.”
Although the tribal card does not offer complete protection, Pearman notes that it still offers some protection. It is incredibly unsettling that while the majority of South Dakota voters legalized medicinal marijuana in 2020, it is still nearly impossible to receive a state-issued card and therefore be completely protected by the state against arrest. The Cannabis Industry Association of South Dakota will be hosting an educational event on April 20th – more information about the event will be posted on the CIASD Facebook page.
Keloland: Stark contrasts between S.D. and tribal cannabis cards