South Dakota Legislative Panel Recommends Tighter Regulations On Medical Marijuana And Hemp Products

*“This committee, in my opinion, has only made it harder for patients to
access medical cannabis.”*

*By Joshua Haiar, South Dakota Searchlight*

The rift between a South Dakota oversight committee and the state’s medical
marijuana industry widened Tuesday in Pierre when the committee approved 11
motions, some of which called for tighter regulations.

The motions were not made public before the meeting, and the committee did
not take public comment on individual motions. The committee acted on the
motions while lacking attendance from four of the group’s 11 members.

The intentions of the Medical Marijuana Oversight Committee in proposing
and approving some of the motions were unclear. The motions were not
presented as formal rule change proposals or as bills for the legislative
session that starts in January.

The topics of the motions varied widely and included recommendations for
tighter regulations on the medical marijuana industry, tighter regulation
of intoxicating products sold outside of the industry in convenience stores
and smoke shops and statements of support or recommendations on an array of
other issues.

“My understanding is these are just motions, correct?” said Sen. Lauren
Nelson, R-Yankton, a committee member. “So, some of these motions that were
approved today will never be heard of again, maybe. Some of these motions
might become bills carried by one of us, somebody else that’s in the
Legislature, and then we can have our discussion.”

Medical marijuana industry lobbyist Jeremiah Murphy asked that the minutes
reflect that no advance public notice was given regarding the motions and
that no public comment was taken on any of the individual motions.

“If you want to just call these ‘motions,’ that’s fine,” Murphy said, “But
the key is that they not be considered anything like legislation because
they were not posted in advance. A bill or resolution must be posted in
advance of the hearing.”

The votes capped a combative meeting that was similar in tone to the
committee’s prior meeting two weeks ago. That earlier meeting resulted in
industry complaints about a day-long slate of invited speakers who
presented mostly negative views about marijuana.

The committee’s membership consists of four legislators and seven
non-legislators, including members from the medical, counseling, law
enforcement and patient communities. The absent committee members Tuesday
were all non-legislators: Francine Arneson, Kristi Palmer, Andrew Schock
and Sioux Falls Police Chief Jon Thum.

At the end of Tuesday’s meeting, the committee took public comment from
individuals, capped at two minutes each.

Kittrick Jeffries, with Puffy’s Dispensary in Rapid City, said the panel
was “hashing out issues that the voters decided five years ago.” South
Dakota voters legalized medical marijuana in 2020, and the state
implemented the program in 2022. There are 17,137 patient cardholders in
the state.

“This committee, in my opinion, has only made it harder for patients to
access medical cannabis,” Jeffries said.

Emmett Reistroffer, with Genesis Farms Cannabis Company, called the panel a
“show committee” and questioned the motivation of the chairwoman, Rep.
Josephine Garcia, R-Watertown, noting she co-sponsored unsuccessful
legislation earlier this year to repeal the state’s medical marijuana
program.

“I don’t think you have any business chairing an oversight committee on a
program that you publicly opposed in the last legislative session,”
Reistroffer said. “Of course, you don’t like what I have to say, but I have
two minutes. I am a citizen of the state of South Dakota.”

For that, Garcia muted Reistroffer, but then unmuted him.

“You can’t mute a member of the public,” Reistroffer said upon being
unmuted. He said the action “further cements the fact that this is a show
committee.”

Garcia again muted him.

“The reason that gentleman was gaveled out was for many reasons,” Garcia
said. She said he “had things going up online, defaming or whatever he was
doing to me.”

She added, “I believe I’ve been fair, more than fair, and it’s just a
disgrace.”

In further public comments, Rep. Travis Ismay, R-Newell, who is not a
member of the committee, alleged he saw a state health inspector hug an
industry representative outside the room. Ismay was the prime sponsor of
the bill to repeal the medical marijuana program that Garcia cosponsored,
and he also previously attempted to put an initiative on the ballot to
repeal the program.

“I don’t believe that they’re that trustworthy,” Ismay said of the industry
at large.

Department of Health Secretary Melissa Magstadt responded that no
Department of Health inspectors were present at the meeting. Ismay returned
to the microphone, saying he “might have misspoken or something,” saying he
may have misidentified the people he saw.

Genesis Farms lobbyist Mitch Richter pointed back to the prior committee
meeting during which Garcia—a physician—said one of her former patients
used artificial intelligence to fake documents, obtain medical marijuana,
buy 3 ounces, and sell it for $10,000 a week.

Richter said the allegations don’t “hold water.”

“If you’re making $10,000 on 3 ounces of marijuana, I want to talk to you,”
said Richter, who also said the committee should be repealed.

Reistroffer later told South Dakota Searchlight that 3 ounces of medical
marijuana typically sell for around $600.

Garcia repeatedly defended the committee and herself, saying the panel
stayed within its oversight mandate and the actions taken were “just
motions.”

“For those that were disrespectful, shame on you,” she said.

*This story was first published by South Dakota Searchlight.*

*Photo courtesy of Chris Wallis // Side Pocket Images.*

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