Incoming Legislator seeks to regulate marijuana manufacturing

From KELOland News, Legislators are announcing their intention to tighten the regulations around the manufacturing of marijuana products in conjunction with the passage of medical, and possibly recreational marijuana:

Representative-elect Mary Fitzgerald said Monday that South Dakota needs laws on driving while under the influence of marijuana, banning use of marijuana in a motor vehicle, and requiring a state license for making substances such as hash oil.


She also wants to require a state license for manufacturing marijuana concentrates such as hash oil products using flammable solvents such as butane or propane.

She said the psychoactive ingredient in marijuana, delta-9 tetrahydrocannabinol, also known more generally as THC, can be extracted from marijuana plant material using those solvents that are flammable and explosive.

“It’s very easy to make but it’s also very dangerous,” Fitzgerald said.

Read it here.

14 thoughts on “Incoming Legislator seeks to regulate marijuana manufacturing”

  1. Incoming legislator should recognize that they sound like they are reading news stories from 2012 on The Blaze and they don’t understand the industry in the slightest. Also, it’s already illegal to do most/all of those things. Remember that we’re all mostly Republicans and believe in smaller government. We don’t need 57 more laws because somebody in D31 wants to look more conservative to the 7 people who didn’t vote for IM26.

    🙂 With Respect.

      1. If it is (and therefore was) a significant law enforcement problem, why hasnt the issue already been addressed by the legislature? It is illegal to drive while under the influence of marijuana. SDCL 32-23-1(2)(3)(4)(5). We already have that in statute. regardless of what happens with A2 or IM26, it will remain illegal to drive while under the influence of marijuana. However, just because you have marijuana in your system, does not mean that you are under the influence of marijuana. Therefore, if it remains a significant law enforcement problem, why hasnt any law enforcement agency been advocating to figure out a “blood intoxication level” for marijuana like we have for alcohol?

        Banning use of marijuana in vehicle, absolutely. no brainer. to the best of my knowledge, no state with medicinal or recreational allows. Licenses for making hash oil and other substances……has she read IM 26 or A2? They both clearly lay out that this will need to happen.

        I guess I have a hard time seeing any reasoning for her release other than to get herself publicity. I also have a hard time accepting that either IM26 or A2 is a significant law enforcement problem when all but a handfull of states already have legal medicinal marijuana, 17 states have recreational marijuana, and 14 other states have decriminalized it in some way. youd this if this were a “real issue” the wheels would be falling off by now.

  2. We need to evaluate what is proposed. We need to adhere to the peoples vote. We need to make sure the processes are understood and exercised correctly. The Legislative Session begins January 12th in 43 days! There will be many discussions and ideas shared.

  3. Carl: you still need to establish an impairment level when operating a motor vehicle.
    Making your own hash oil is easy but dangerous. That’s why Colorado made it a felony to produce hash oil without a license. Please google May 17, 2020 Los Angeles Hash Fire explosion. A major explosion happened at a company that was licensed to manufacture hash oil. The purpose of this bill is to protect people. Can you imagine living in an apartment and the building explodes with fire because someone tried to make their own hash oil and lived in the apartment above you.
    In the event current court challenges to Amendment A are over-ruled, we need to protect the public with common sense safety laws regarding marijuana. My three bills would apply to medical marijuana also. Thank you

    1. Mary, your constituents voted overwhelmingly to support this. Instead of attention-seeking, you should try to convince fraudsters Thom and Price to withdraw their lawsuit. If they insist on this anti-democracy nanny state lawsuit, they should pay for it on their own dime.

      1. i’m glad there wasn’t a referendum to erase all school loans, or mandate full free medical care for all. imagine the win margins for those ballot issues. how about a referendum for free gasoline?

    2. Mary thank you for being pro-active and attempting to cover all bases with the dumpster fire that will be coming to South Dakota! Unfortunately out of state big Tobacco 2,0 with all their money won with many South Dakotans having no idea what exactly they were voting for. Many did not read the ballot questions and simply went off the pro-pot’s deceptive & false media campaign that flooded the state. The black market will thrive even more in the environment that will come if either of these laws are enacted. Butane Hash house and/or apartment explosions have happened in states and Canadian provinces where they were also duped into this public policy con.

      Driving while high off of THC Marijuana is incredibly common and will get worse once THC is commercialized in South Dakota. Nationally It’s not difficult to view archived facebook live zoom meetings of pro THC legalization groups chain smoking joints as they drive and also look down on their phones while driving and that is just one example. One of the deeply entrenched myths within the pot/drug culture is that Marijuana is not even a drug and is just a plant, they are safer driving stoned or some are even publicly defiant that they can smoke THC and drive with zero negative effects while driving.

      There are plenty of expert resources that can be brought in or via Zoom to testify or consult who know first hand what a train wreck legalization has been and also from a medical standpoint in the other states that also fell for this. Again Thank you!

      1. Hey Miranda, it’s over, you lost. Take yourself and your nanny state paranoia back to Minnesota where it belongs. We don’t need it here in SD.

  4. This is the typical rookie mistake. You know not of what you speak. Yes you have been elected, but you have not cultivated any relationships, spoken with your caucus, nor do you know the lay of land.

    Getting into the press this early is just grandstanding.

  5. Look to Oklahoma, an also traditionally red state that’s voters enacted the most hands off medical cannabis program in the country in terms of both eligibility and regulations. They are fine.

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