Join CIASD in developing effective solutions to proven problems that arise in the medical marijuana program
by Deb Peters, President of Cannabis Industry Association of South Dakota (CIASD
Last week Rep. Fred Deutsch told the Dakota Scout he possessed a patient registry identification card (medical card) for South Dakota’s medical marijuana program. Deutsch claimed, without argument or evidence, that a provider improperly authorized him for the card. On Twitter Deutsch claimed “… my doctor didn’t follow the law.”
It’s impossible to judge the merits of Deutsch’s public claim as he provided no details other than to allege the provider he saw didn’t ask a certain question. The provider can’t speak to their interaction, describe medical records reviewed, elements of the exam, or the questions put to Deutsch unless Deutsch releases the provider from their HIPAA obligation to protect Deutsch’s privacy.
There’s a forum for claims of bad acts by a health care provider. That forum is not the press, it’s not social media, it’s the licensing board that issues the provider’s license. Rather than publicly indict an entire system as a “farce” based on an interaction with just one of the 220 authorized providers, Deutsch should take his claim to the proper authority where both sides may be heard and the provider’s due process rights protected.
But, whatever transpired with the provider, we know this: Rep. Deutsch now possesses a medical card for which he is not qualified. We know he’s not qualified because Deutsch told a reporter regarding his card, “I don’t have a qualifying medical condition …”
SDCL 34-20G-34 states “The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant: … (2) Does not meet the requirement to obtain a registry identification card as defined in 34-20G-1;” Rep. Deutsch is clear that he does not have a qualifying medical condition – the fundamental requirement in 34-20G-1. Thus, his possession of a medical card appears to be in violation of the chapter.
SDCL 34-20G-84 states “the department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter. (My emphasis) Beyond loudly smearing the reputation of the whole program with an unproven claim of a single bad act, Deutsch’s actions and possession of the card create a serious dilemma for dispensary operators and employees. What should a dispensary do if Rep. Deutsch attempts to purchase marijuana with his medical card? Does a dispensary have an obligation to honor the card, sell marijuana to someone who publicly claims their lack of qualification, and risk diversion of medical marijuana? Or, will sales to Rep. Deutsch be treated as unauthorized based on his comments and create legal risk for the seller?
Monday CIASD requested the Department revoke Rep. Deutsch’s card as his acceptance and possession of the card combined with his public announcement that he possesses a medical card despite not have a qualifying condition constitute a serious knowing violation of chapter 34-20G. We also call on Rep. Deutsch to voluntarily surrender his card to the Department immediately.
South Dakota’s medical marijuana program passed with 70% support in 2020. After an initial hesitation, the administration committed to making our state’s medical marijuana program the best, most patient-focused medical cannabis program in the country. The Department and licensees have worked diligently to that end. The program isn’t perfect. Regulators, manufacturers, and dispensaries have made mistakes as the program rolled out and they are adjusting their practices accordingly. In 2021 and 2022 the legislature combed through the new medical marijuana statutes and made significant changes to make a good law better.
The work of improving a good program continues. This past legislative session our organization supported legislation to improve the provider-patient element of the program by improving clarity in the definitions for qualifying conditions and legislation to criminalize bad acts that had been observed of providers.
As originally drafted, the qualifying conditions for a medical card were symptom-based. But, not all providers were comfortable making eligibility determinations based on those listed symptoms absent further guidance. SB 1, in addition to adding PTSD as a qualifying condition, added clarity for providers by adding seven specific diseases that produce the symptoms in the original law to that list of symptoms. Also, it was observed that some providers were making pricing offers dependent on bringing in a friend for a medical exam or based on the duration of a card that would be authorized. Our bill, HB 1154 criminalized those bad acts.
Rep. Deutsch’s grandstanding improves nothing, unjustly harms the reputation of the SD medical marijuana program, and creates potential legal hazard for licensees. We hope he will surrender his card and fix the problem he created. We also invite him to join us in developing effective solutions to proven problems that arise in the medical marijuana program. That’s how you improve the best, most patient-focused medical cannabis program in the country.
Deb Peters
President of Cannabis Industry Association of South Dakota (CIASD)
The government is good at instituting programs like this, but they are a dismal failure at monitoring and enforcing those programs. Unless there is an enforcement mechanism set up to monitor the issuance of medical marijuana cards, there will be abuses. I suspect that the two (if there are two anymore) DCI pharmaceutical investigators in South Dakota (one in Rapid and one in Sioux Falls) would be kept very busy monitoring card issuances across the state.
Yeah, or we could just stop worrying about other people and not make it a government problem that we all have to pay for. The days of paying someone to stop something, because somebody is annoyed by it, are numbered. I look forward to the death of autocratic authoritarianism, not sure what Fred will do when that happens, but I’ll send him some thoughts and prayers.
Deutsch is a douche. I look forward to peeing on his grave.
Liberal progressive democrats do have a problem with expressing positive ideals.
I didn’t know limited government and more personal freedom was a liberal progressive Democrat position. There are far more Republicans like myself who support legal weed than there are Republicans like yourself.
The medical program is like saying we need a multi-million dollar program to administer our hats.
It was always a farse to me.
Full legalization is the only way to oust the administrative grifters, black market, and lawfare community from what otherwise has been a tremendous asset to our country.
The damage done to the psychology of average people is criminal in my view.
Good article, though, that makes solid points.
Thank you for writing it.
If the medical program is the best we can get for human freedom for cannabis access, so be it.
Legalization never has eliminated the black market. Every state that has tried legalization has seen a proliferation of the black market. Criminal drug dealers will alway find a market for their products.
Creepy.
We have been business owners for over 30 years. Once or twice per year a person is sent in to try to purchase tobacco or alcohol. These people know they are not of age to do so but try to see if the business is in compliance of the law. If the business fails the sting, fines are issued . Suspension or even job loss of the worker who sold is also not uncommon. In the case of excess violations, the owner stands to lose his business license. I think Rep. Deutsch was preforming a compliance check as well, and I commend him for doing so.
Was Deutsch working with law enforcement? If not then no, he’s. It doing a compliance check he’s just being a self serving egomaniac, just like a democrat that made a short barreled rifle as a stunt last election cycle. If he broke the law during this, arrest him.
Lana, Anon 8AM hit the nail on the head. Fred ‘Serpico’ Deutsch wasn’t authorized to conduct his sting by anyone other than his own sense of moral superiority on display for the world once again. if he lied on his forms to get the card, he should suffer the penalties the law provides.
Is it true she changed her PAC name to “Pac’n Weed”?
Fred apparently believes being a legislator allows him to violate state law as long as he is “whistle blowing”. Is his next foray into law enforcement going to be a expose’ on child porn? How about how easy it is to obtain fentanyl? He is not exempt form the laws all South Dakotans are expected to follow just because of his status.
I would not be surprised if you start seeing news stories about other South Dakotans bringing in hidden mics and cameras and finding more problems with this so called Med MJ industry. Representative Deutsch should be commended! This is just the tip of the iceberg.
I wouldn’t be surprised if next election cycle weed is legalized, 2/3rds or all republicans nationwide are behind it. You and Fred will need your own authoritarian party.
Boohoo. I would think FD would have something better to do.
Hey Fred, 70% of South Dakotans want this to work. Instead of pretending to be an investigator (similar to your work pretending to be a doctor) why don’t you actually do something to help?
If you ask 5 random people who voted for this how they expected it to work—where they get the “medicine”, how it is “prescribed” and who recommends the dose/product, you will get 5 different answers. Sure, voters perhaps wanted weed accessible for those who suffer, but most were completely out of touch with the other implications of the measure. So Fred found a problem. Good for him. I don’t care how the information was found out; he was only doing something that someone else should already be doing. How he went about it doesn’t take a way the huge deficit revealed regarding the integrity to the intent of the measure. Instead of crying about what Fred did, when is the medical marijuana lobby going to work for a real solution to eliminate these problems instead of pushing for more and more legal weed? How many more illegal card holders and prescribers are out there? I know of a provider who has been reported to the state multiple times for not following the prescribing guidelines and nothing has ever been done. Who is monitoring this? What is going to be done about it? The burden is on you, the marijuana lobby. Without the accountability, this entire project nothing more than recreational weed, which the voters actually recently struck down, but what the medical marijuana lobby wants. Practitioners who make a quick buck in these pop-up clinics give a black eye to health care providers everywhere. Go find a job where you can practice real medicine.
Peter’s protests too much. Of course she was part of the biggest scam (Covid mitigation) in the history of the US.
I think Fred is a douche too but Peters slam “no proof” is an attempt to smear the messenger to avoid the merits of the message. She thinks people should believe her vs. what the see with their own eyes- a medical marijuana card is the easiest script to get in the world.
The people passed a ballot measure to legalize all marijuana but, as usual, the SD legislators overruled the people. How legislators like this keep getting reelected is beyond me.