Industrial Hemp is Not the Answer.
By Governor Kristi Noem
As a farmer and rancher, I would be thrilled to get a new crop into the hands of our producers, especially as our ag markets struggle. A new source of revenue for farmers would be great. But industrial hemp is not the answer.
Legalizing industrial hemp legalizes marijuana by default. I asked my cabinet and other experts in state government to see what other states are doing on hemp and how they are implementing their laws. But what they’ve come back with is example after example of drug laws becoming murky and unenforceable.
Across the country, states are dealing with issues surrounding the enforcement of marijuana laws because hemp and marijuana look the same and smell the same. Police officers are unable to distinguish between hemp and marijuana on the road, essentially legalizing marijuana.
Proponents in Texas told legislators that legalizing hemp would not decriminalize marijuana. Yet with Texas’s new industrial hemp law now on the books, prosecutors have dropped hundreds of marijuana cases and have stopped accepting new cases until much more detailed testing is done. In Ohio, a law enforcement official said this to WBNS, a local news station: “We have to be able to distinguish between hemp and marijuana. That is not possible for a human being to do, that has to be done through crime analysis.”
Without additional equipment costing hundreds of thousands of dollars, many crime labs can only detect the presence of THC – not the level of it – for crime analysis purposes. A full crime analysis from an outside lab can cost hundreds or even thousands of dollars per test, a price tag too steep for local law enforcement agencies who oftentimes have to wait weeks before receiving test results.
A recent NBC News article reiterated this message. “With the passage of new hemp-legalization laws over the past eight months, crime labs across the country have suddenly found themselves unable to prove that a leafy green plant taken from someone’s car is marijuana, rather than hemp.” Without the ability to test the level of THC in a plant, the NBC report says, labs can’t provide useful scientific evidence for use in court. Any suspected marijuana case would require this expensive and time-consuming testing. Prosecutors will quickly get overwhelmed, and as we’ve seen in other states, they begin dropping charges or avoiding new cases altogether.
Last week, my Secretary of Public Safety, Craig Price, said that “the more we study this issue, the more concerns I have for the impact on public safety. Law enforcement is already stretched thin in our state, and legalizing hemp would stress our resources even further. It would have a negative impact on our drug fighting efforts in South Dakota.”
We’ve seen this firsthand. A few months ago, a South Dakota Highway Patrol officer showed the Legislature that a drug dog alerted the same way to both hemp and marijuana. If drug dogs and roadside tests are unable to decide between hemp and marijuana, our best assets to cracking down on illegal drugs are invalid. We’ll be legalizing marijuana by default.
That’s what it boils down to. Legalizing industrial hemp weakens drug laws. It hurts law enforcement. It’s a step backward. South Dakota already faces a drug problem. Families continue to be ripped apart by substance abuse. I realize this position might not be popular, but that’s not why I’m taking it. As a governor who has said I will make every decision with the next generation in mind, I cannot sit by.
South Dakota must lead by example. We cannot rush into legalizing industrial hemp without knowing the cost we will pay. The safety and health of the next generation is not worth the gamble.
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Wow.
At least she is not playing games with the issue this time around.
It will be interesting to see this play out now that both sides have shown their hands.
I don’t think farmers are as excited about hemp as non farmers.
She is definatley on the opposite side of public opinion on this issue. That doesn’t bother me as I am ok with her opinion. This is just an odd issue to draw a line in the sand on. My fear is that with every other state legalizing hemp she will lose credibility with voters and become more of a joke than a serious policy maker. Everyone and their dog has an opinion on hemp these days.
The law enforcement lobby must have a firm grip on this administration, which is unfortunate because public opinion is definitely on the opposite side. She thinks our drug laws would be weakened? Our drug laws are already weak! It takes at least 3x-4x being charged/convicted of a marijuana conviction to be sent to jail. Even with distribution charges, prison is unheard of unless several priors. Prior to that, a person is put on probation and pays a steep fine. My assumption is that given the volume of those cases, this administration is in fear of losing that contribution from the fines/court costs that fuel our courthouses. Her deflection into “public safety”, in my opinion is analogous to funding our state with a “public safety” net through fines and costs.
If law enforcement had a hold over the governor –that failed presumptive probation program would have been repealed….no she is against marijuana and so am I, most legislators say the same, but blindly think this will not have an effect. I agree with the Governor, this further opens the door to recreational.
Hold the line Governor!
It’s just the gov digging in her heels.
Nonsense.
Legislation could be passed to develop a totally regulated industry, complete with licensing and background checks for those participating in all aspects of the business, including growing, selling, and distribution. Possession of everything from a seed to a bale of hemp requires a license, and without it, the person is subject to prosecution for illegal possession. The state will have to do something like this anyway eventually because interstate transport of hemp will take place whether the governor, her law enforcement team, or their drug dogs like it or not.
The state has never been shy about charging fees for licensing, so there is no reason that the industry participants could be required to defray the cost of most of the testing infrastructure. A great example is the banking industry, where the state’s cost of regulating banks is borne entirely by the banks.
Random, spot checks of product should not become a burden to the law enforcement resources when all they would need to test are licensed producers and distributors. The state could pass stiff criminal penalties for a licensee, who through some deception, is growing or distributing large quantities (we’re talking hundreds of pounds if not tons).
This shouldn’t be all that hard to develop a regulatory regime. There are ample bureaucratic resources in Pierre and elsewhere to manage the industry. This is not rocket science. She needs to get her head out of the reefer madness sand.
Then we can haul marijuana and the police won’t be able to stop us…see I have paperwork to say its ok.
Best dodge the recreational people have come up with since…wait for it…calling it medical
Perhaps you should re-read the comment. In order to have the necessary paperwork, you must have already passed rigorous background checks and licensure requirements. Nothing recreational or medicinal about anything that was said.
yeah sure–come away from fantasy lands if you don’t think the cartels won’t find “legal” mules in this process
She is being stubborn.
She must think it will pass on the ballot and she won’t have to deal with it.
I have not seen any petitions for Hemp–is there one?
That’s because it is legal. The state makes their own rules.
Risk and reward. In little SD, surrounded by much more favorable environments in terms of a population of users and more favorable laws (like legal recreational use), do you really think the Narcos really see the state as a place for their business model. The earth is indeed round.
Marijuana presents a series of problems, not just what Gov. Noem highlighted here. Until the debate over legalization resolves itself otherwise in our state, it remains an illegal substance and the concern over “default” legalization is very real. If the legislature is going to take this issue up again, law enforcement needs a reliable way to identify this material on the spot.
Kristi, you voted to legalize hemp. Literally. If you are so principled over the issue your should’ve voted no on the farm bill. Other poster is correct about losing credibility when all states around us are farming and transporting their crop.
The SF city council recommends hemp. The legislature passed it. I hope and expect a veto override next session and then you’ll look even more foolish.
Dude, that is the most ridiculous argument ever…the farm bill has 1000s of issues in it…..if you disagree with one of them but agree with 999 you should vote no, BS, which she has said many many times
when did we cede our sovereignty to other states? We should just be like other states then…ok sanctuary cities like California; recreational like Colorado, gun registries like New York…..are you nuts?
“The safety and health of the next generation is not worth the gamble.”
Exactly my thoughts about everyone walking around with guns in their pants. Wonder how many kids have died from accidental gunshots compared to hemp.
This ain’t your mother’s marijuana,’ surgeon general says
By RICARDO ALONSO-ZALDIVAR
WASHINGTON (AP) — Federal health officials issued a national warning Thursday against marijuana use by adolescents and pregnant women, as more states legalize the increasingly potent drug for medicinal and recreational use.
Health and Human Services Secretary Alex Azar and Surgeon General Jerome Adams made the announcement, with Azar calling marijuana “a dangerous drug.” Officials said President Donald Trump has donated $100,000 — one-quarter of his annual government salary — toward a digital campaign to raise awareness of the risks. Trump has forgone his official salary since taking office.
The warning comes as legal marijuana has grown into a $10-billion industry in the U.S. with nearly two-thirds of states legalizing it, mainly for medical uses.
Possessing small amounts of marijuana for adult recreational use is legal in 11 states and the District of Columbia, according to the National Conference of State Legislatures. The list includes California, Colorado, Michigan and Maine. Federal law still treats it as a controlled substance akin to opioids.
Adams said science shows that marijuana is harmful to the developing brains of teenagers and to the human fetus. The drug has also gotten stronger, with a three-fold increase in the concentration of the active ingredient THC in cultivated plants over the last 20 years.
“This ain’t your mother’s marijuana,” Adams said.
The American Medical Association said it strongly supports the government’s effort, adding that it for some time it has been recommending against marijuana use by teens, pregnant women and women who are breastfeeding.
The surgeon general said his advisory is a direct result of scientific research that runs counter to changing social mores.
“Marijuana use is a risk to the developing brain,” Adams said. “Over time there has been a change in attitudes about marijuana creating a false sense of security.”
While the White House has made the opioid epidemic a top policy and political priority, marijuana previously had not gotten such high-level attention.
Federal officials say they fear the trend toward legalization may make it more enticing for teenagers to try marijuana. It’s a commonly used drug among youths, they said, along with alcohol and e-cigarettes. No states allow recreational marijuana use by teens. States with medical marijuana programs, Illinois among them, generally allow use by minors with consent from a legal guardian and certification from a doctor.
Adams said that for teens it carries a risk of affecting brain development, which continues in the 20s. Frequent marijuana use by teenagers is associated with changes in parts of the brain that are involved with attention, memory, decision-making and motivation.
Among pregnant women, marijuana is the most commonly used illicit drug, with about 7% reporting they had used it within the past month in a 2017 study. Some women use it to help with morning sickness. The American College of Obstetricians and Gynecologists and the American Academy of Pediatrics advise women not to use marijuana during pregnancy, and to discontinue the drug if they find out they are pregnant.
HHS Assistant Secretary for Health Brett Giroir said pregnant women taking marijuana to relieve morning sickness should stop.
“If you have morning sickness, talk to your physician,” said Giroir. “There are FDA-approved drugs to help with morning sickness. Taking marijuana for morning sickness has never been shown to be safe and effective.”
The government’s National Institute on Drug Abuse is paying for several studies on marijuana use in pregnancy, including one involving women who have chosen to continue using the drug to treat morning sickness despite warnings.
While some studies have suggested that marijuana may be harmful to the developing brain, the evidence isn’t conclusive, explained NIDA Director Nora Volkow, who said she strongly supports the surgeon general’s warning.
“We cannot close our eyes and say this is not happening. It’s happening,” said Volkow. It would be a missed opportunity not to continue the research to find conclusive evidence on how the drug affects the fetus, she said.
“My view is that the way that you change things is by providing evidence,” she added.
https://apnews.com/3bfbeecf9c654c76b6037ffb4ec20188?fbclid=IwAR2CgFp048pHjyBJklEHduGhC0UlIkyh4PsryNaX6Uz_8SjUoKzsKpHgzmc
You know who checks IDs before selling marijuana? Legal dispensaries. You know who doesn’t? That guy on the corner. Preventing youth use is a big reason to legalize and regulate. And of course kids and pregnant women shouldn’t use it. That is not news to anyone.
Dave up there makes some good points and I think the number one takeaway just like rx drugs or other regulated substances is if you don’t have the paperwork to support your possession you will be prosecuted. All this talk about can’t tell the difference and drug dogs makes no difference. Nobody said we will we will just have to accept recreational marijuana. Heaven forbid bringing in a new industry might cause some extra work!
Like the guy from Colorado they caught hauling 250 pounds of hemp across state lines to Minnesota for processing. Sounds like a promising market to me with a sound business model. Potheads and non-farmers seem to be the only ones that are excited about the supposed potential of the hemp novelty market. Drug runners know that no state is going to test 100% of a crop. This administration has figured out the reality of what is going on in other states with officials looking the other way with illegal drug operations running right under their noses. It is remarkably easy to hide a pound of pot among thousands of pounds of hemp. Having a license to transport or produce hemp is great cover for why everything you touch smells like pot and tests positive for THC. I am incredibly proud of this governor in her willingness to do the right thing even when it is not the easy thing to do while some legislators appear to be incredibly shaky on the issue. It would be great if more legislators would vote what they know is true on this issue, rather than constantly having their finger in the wind hoping the pro-recreational crowd would stop picking on them if they only went along with them on hemp. Good luck in appeasing people with pot psychosis.
you mean the one driving our roads with cocaine and THC in his system?
It’s also remarkably easy to transport pounds without any hemp. It happens already… anyone transporting illegally is not going to worry about hiding a pound of pot in 50 pounds of hemp, that’s a waste of space. In fact UPS and FedEx are the biggest drug dealers out there. Sticking our heads in the sand doesn’t stop anyone from growing, moving, selling or smoking the stuff. And they’re getting rich and not paying taxes. Lose/lose.
I really need to quit expecting an educated response from our governor when she was gifted her degree without any real effort on her part.
Dear news outlets. Someone please ask her why she supported hemp while in Congress and now thinks its bad? She needs to be held accountable and shouldn’t be let off the hook on this one.
Her vote in congress is what has caused the proliferation of hemp laws on dozens of states many much more populous than SD. After 49 states pass this and she made it possible for them to do so it is a weak arguement to oppose.
Her vote in congress is why trucks are hauling it through SD.
Why doesnt the news ever ask her for her opinion on this? Why is it always some staff member sending an email with a quote?
She did support this in congress. That is the primary reason why it is now legal in most states. She advanced it in nearly 50 states by supporting it in congress.
The irony is all this is that it is likely that legalization of hemp and CBD oil actually serves as a vaccination AGAINST legalization of recreational marijuana. The access to CBD oil and it’s health benefits has been one of the main arguments of those for legalization.
The Governor can’t convince me that law enforcement in other states isn’t figuring out how to handle this transition to legalization of hemp. Maybe decriminalization is part of this? Then law enforcement could focus on drugs like meth and fentanyl which are the real dangerous drugs. I just don’t buy the slippery slope argument.
Cops in other states are apparently much smarter than in SD. That, or they have much more pressing issues to attend to than arresting farmers and truckers.
She spent $1 million for pheasant habitat and how much for varmint tails? She really thinks this is too expensive for SD?
It’s like saying we shouldn’t allow rx drugs because what if they try and smuggle cocaine in with the shipment.
Is this the one you are encouraging people to sign vs NASD?
This is a good one, only one page, quite simple.
Wrong Approach South Dakota is frustrated that many SD Voters are declining to sign any of their petitions until Governor Noem says it is ok. It is a wise decision on their part rather than fall to the carnival barker snake oil claims of Mentele & Carnies
Thank you Governor Noem!
Can law enforcement distinguish between heroin and prescribed opioids? Why are you allowing doctors to be drug dealers? Why not stop the opioid crisis, since youre so drug conscious? Oh, yeah…big pharma OWNS you.
Can law enforcement distinguish between heroin and prescribed opioids? Why are you allowing doctors to be drug dealers? Why not stop the opioid crisis, since youre so drug conscious? Oh, yeah…big pharma OWNS you.