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South Dakota Experiences First Legal Medical Cannabis Sales

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South Dakota Experiences First Legal Medical Cannabis Sales

The Flandreau Santee Sioux tribe sold the first legal medical cannabis products on July 1. The same day South Dakota legalized medical cannabis and sales for qualifying conditions. The Tribe-owned dispensary, the Native Nations Cannabis Dispensary, sold pre-rolled cannabis cigarettes and other products to those who held a tribe-issued medical cannabis ID card. 

“I lost my daughter, so I use it for anxiety and depression,” the tribe member said at checkout. The tribe is not just issuing medical cannabis cards to tribe members. Based on a physician’s recommendation, non-tribe members can also receive a medical cannabis card. 

Qualifying Conditions

IM 26 received 70 percent voter-approval in November 2020 to legalize medical cannabis. Under IM 26, a person diagnosed with a chronic or debilitating disease or medical condition can qualify for a medical cannabis prescription. The Department of Health clarified the definition:

“A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms.” These can also include:

  • AIDS/HIV
  • MS
  • ALS/ Lou Gehrig’s Disease
  • PTSD
  • Cancer associated with any of the above conditions
  • Glaucoma
  • Crohn’s Disease

The tribal program is independent from the state’s program and has been running since 2014. 

Governor Noem’s Response

However, Governor Kristi Noem, R, released a statement just hours before medical cannabis became legal in South Dakota. “As my team continues to implement the medical cannabis program as quickly and as responsibly as possible, we realize that there are still questions about how it will work for law enforcement, as well as for the citizens that they protect and serve,” the governor explained. “The nonresident card provision applies in this instance, so long as the cardholder is an enrolled tribal member and presents an unexpired medical cannabis card issued by the resident’s tribe.”

The only way a tribal medical cannabis card will be recognized by the state is if the person with the card is an active member of the tribe. So regular South Dakota residents and out of state residents with a tribal medical cannabis card now don’t have a legal card according to the state. If a person happens to be pulled over by highway patrol officers, they could be arrested and charged with possession.

In spite of this, if a resident or person possesses less than three ounces of raw or unaltered cannabis and holds a card from another state, or qualifying documentation from a physician, they won’t be arrested.

Tribe Response

The Flandreau Santee Sioux Tribe continues to issue medical cannabis cards for non-tribal members. They are willing to back their consumers should they need it. The tribe’s Attorney General, Seth Pearman, spoke to local news reporters about the tribe’s stance. 

“The tribe’s medical cards are backed by medical recommendations from physicians or medical cards from other states,” Attorney General Pearman said. “And they therefore meet the legal standards (in South Dakota law), including affirmative defense against prosecution.” 

Attorney Pearman also said the Highway Patrol would be violating the South Dakota Codified Law Chapter 34-20G if they arrest non-tribal members with a valid tribal medical cannabis card. If someone not enrolled in the tribe but in possession of a legal tribe medical cannabis card becomes arrested, then the tribe will support a legal defense. 

“That is a fight we will back,” he said. 

Future

The Flandreau Santee Sioux tribe is excited to see the creation of jobs and positive economic activity on the reservation. Several tribes across the country are still experiencing unemployment and restrictions from the federal government. Seeing a tribe begin to succeed is a huge success for tribes across the country. 

“That’s a big step, and not just to smoke cannabis and get high,” the tribe President Tony Reider said. “That’s what a lot of people know about cannabis. But the medical benefit that it does provide for people … that’s one of the main reasons because we want something better and natural for our people. Hopefully this provides a long-lasting effect for many generations to come and can help us with different ailments and economic opportunities.”

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