Noem Vetoes Industrial Hemp Legislation

Pat Powers

Noem Vetoes Industrial Hemp Legislation

PIERRE, S.D. – Governor Kristi Noem today vetoed HB1191 and sent the following message to the South Dakota House of Representatives:

Dear Mr. Speaker and Members of the House of Representatives,

I respectfully return to you House Bill 1191, with my VETO. House Bill 1191 is an Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

South Dakota must stand as an example for the rest of the country, not simply go along with others. Our focus must be on leading for South Dakota’s next generation. Our state is not yet ready for industrial hemp.

Foremost among the many defects of this bill are the challenges it creates for law enforcement. HB 1191 complicates law enforcement searches and provides a ready-made defense for those breaking our drug laws. This poorly drafted bill changes the definition of marijuana with little regard for the implications elsewhere in our Code. It would create uncertainty for prosecution under our ingestion statute because the source of THC is placed in doubt when industrial hemp products that contain small amounts of THC, such as cannabidiol or CBD, are legalized. As Governor, I will not leave it to our courts to interpret how this bill impacts our prohibition on the active ingredient in marijuana, and I do not believe the Legislature intended to complicate enforcement of our ingestion statute in this way.

Although proponents claim hemp has a wide variety of uses, the legislative debate makes it clear that this bill is less about helping farmers and more about commercial interest in one product: CBD. No other type of hemp producer or processor retained paid lobbyists this Session. HB 1191 rejected critical parts of the amendment my Administration discussed with the bill’s sponsors. It would instead allow the immediate, widespread production and use of CBD, as well as other hemp derivatives, even though the Food and Drug Administration (“FDA”) has yet to approve them as safe for therapeutic use or for interstate commerce. In fact, the FDA has not yet begun its regulatory process on hemp derivatives, including CBD. South Dakota should be guided by the FDA on these issues, not special interests.

As I first stated many weeks ago, HB 1191 is premature. There is no urgent problem requiring an immediate solution this session. Until the U.S. Department of Agriculture (“USDA”) issues its own rules, the regular growth and interstate transport of hemp cannot begin. No industrial hemp will cross into South Dakota without those rules, which USDA has announced it will not issue until late 2019. We have no way of knowing today what those rules will require. What limited structure HB 1191 does create to regulate industrial hemp in our state could very well be in conflict.

Finally, I am concerned that this bill supports a national effort to legalize marijuana for recreational use. I do not doubt the motives of this bill’s legislative champions. However, an overwhelming number of contacts I have received in favor of this bill come from pro-marijuana activists. There is no question in my mind that normalizing hemp, like legalizing medical marijuana, is part of a larger strategy to undermine enforcement of the drug laws and make legalized marijuana inevitable.

This issue was never ripe for discussion during this legislative session, and our state government’s efforts and resources should be focused elsewhere until the federal government’s approach on this issue is clear.

For these reasons, I oppose this bill and ask that you sustain my veto.

Respectfully submitted,

Kristi Noem
Governor


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86 thoughts on “Noem Vetoes Industrial Hemp Legislation”

  1. I put a lot of thought into who I voted for in our last gubernatorial election. It ended up not being Mrs. Noem. Not because I was overly excited about the democratic option, but because I was concerned about Noems reputation her last stint in Pierre. Today, and over the last few months, I have been more and more certain I made the right choice.

      2. It’s ok to be a democrat

        It’s really not. Especially these days where their national party openly advocates for infanticide and socialism. Normal people pretending that this sickness is “ok” is part of the problem.

        1. Billie Sutton would have won if he would have voted for Trump. If you are a pro-life conservative Democrat, run on the R ticket. SD D party will destroy themselves going fringe.

  2. Is the Governor pulling an early APRIL FOOLS joke on the citizens and and farmers of SD?

    1. I doubt there is much if any farmer desire to plant Hemp that has little to no market, very limited feed residue usage, and no crop insurance support.

      This is stupid, I agree with Noem.

      1. Hemp based product sales hit $820 million in 2017 and the US is the #1 global importer of hemp products. But sure there isn’t a market for it.

        1. There is a bigger market for the war on drugs. Heaven forbid if CBD cuts into the sale of opiods and other drugs. What happened to common sense. Don’t buy into the fear factor.

        2. Show me the local market or elevator that is buying Hemp? Pulling some figure off the interwebz doesn’t make it a viable commodity.
          Plant a quarter to hemp and then what are you going to do with the tons of product? It will rot before it can be merchandized or even utilized. The only people wanting the plant this are the weed smoking nut jobs.

          1. There is a company in lake county that is ready to process hemp the day after it is legalized. There are also numerous companies looking to setup shop in state. I guess you would rather we defer and continue to purchase all our bailing twine from South America. Imagine if our ranchers could buy SD made hemp twine from East River farmers. SD was one of the largest producers of hemp before it was banned. I guess our ancestors were smarter than you.

          2. The farmers don’t need to be lectured by government and bystanders. They are smarter than you think, right Nick Nemec? Don’t be so negative.

          3. Did you just ask for a local elevator that wants to buy a product that is currently illegal to grow? Dude, if there is no demand for hemp and no money to be made, the market will sort that out itself. We don’t need the government to nanny the issue.

            Unbelievable how some people on this site are sometimes. NO BIG GOVERNMENT (except for things that I don’t like, then please, MORE GOVERNMENT)

      2. Hemp is covered for crop insurance in the 2018 farm bill. The markets are there and hemp products will become huge. There is a company over in lake county that is ready to process for CBD oil. There are also multiple businesses looking to setup shop. When did Republicans start supporting what we allow in our free market and hoping for regulation? Then, to go as far to say that we need direction from the feds only shows how much hypocrisy exists in Barbie Noem’s position.

  3. Wow. I really want to break this down line by line to dispute all the lies but alas I don’t have the time. The Senate should override this just on the audacity of her bullheadedness and the other kind of bull. I mean, come on. None of this an issue in any other states. Are our law enforcement so inept that they can’t tell the difference? Nah. I don’t believe any of these are the real reasons. She’s having her strings pulled and spouting off some of that aforementioned bull.

    1. Why would law enforcement waste their time and taxpayers money checking hemp fields? That is so ridiculous.

  4. grudznick is concerned about people hiding the demon weed in these fields of hemp, and about the health of those people who would put forth and vote to keep abominations like the heinous measure initiated as #22, for these are the sort of people who will smoke sisal rope.

    1. Part of the bill was that state officials could come and inspect the fields at any time. Hemp and marijuana are extremely easy to tell apart. Could people attempt to grow marijuana in a hemp field, yes. But if they would get caught, they’d likely never get another license to grow it again, and they’d have a slough of criminal charges coming their way. Someone would have a much better chance of hiding a marijuana plant in the middle of a corn field. Better get rid of corn too.

    2. Anybody referring to themselves in the 1st person and thinks the banana republic in Pierre shouldn’t to held to ethical standards has more serious problems than ditch weed..

      1. Actually, if you are referring to grudznick’s comment, he is referring to himself in the 3rd person.

    3. The Governor’s veto is going to go up in smoke with an override from the Legislature.

    4. If you knew anything about growing weed, you would understand that no one in their right mind is going to grow pot amongst hemp. It would be easier to grow in a field of corn and you would actually end up with a decent product in the end. Grudz, you are just spreading more lies. Reefer Madness is alive and well in SD.

      1. When the DOA spokesperson tells you that hemp and marijuana are exactly the same plant and the only difference is in the cultivation, and that hemp plants are grown close together and marijuana plants are spaced further apart, confusion ensues. Anybody with any experience growing different varieties of tomatoes or pumpkins knows that’s not how plants work. That snippet of information from the DOA makes no sense at all.

  5. CBD oils have no regulation and that has been a problem. Lots of bad actors out there. Our neighbor to the east just killed the demon weed for 2019.

    1. The CBD oils that help many people with pain and kids with seizures? What has been the “problem”?—-

      1. contaminates, varying amounts to hardly any of the beneficial CBD oil you would be looking for. It is the latest trend so there are those trying to cash in and it could even end up being all fake. some have higher amounts thc or who knows what. just be careful about the source.

    2. Recreational, yes. They’ve had medical marijuana for several years. So who’s behind the times?

  6. The Governor’s veto message makes sense in many ways. I would imagine if you’re high, you’d miss it, but she’s right. I hope the Senate agrees with her. The House… well, that’s pretty much a lost cause, as it has been all session.

  7. “…until the federal government’s approach on this issue is clear.”

    These words should never come from a Republican or South Dakotan

    1. I can buy half this crap on the shelf at Wal-Mart. Kristi and the legislature needed to come together rather than sparring over such a stupid waste of time issue.

      62 house members supported it. For goodness sake. Work together.

  8. So ND has been growing since 2014 and it costs them 1/10th of what they claim it will cost us to regulate. ND law enforcement has not had an issue with it either. She is spouting lies to appease big pharma so our citizens have to pay for prescription cbd’s that cost $30k+ per year or you take opioids and steroids which just makes the opioid issue worse. SD shows the rest of the country how we are behind the rest of the modern US who have seen how CBD’s work great to reduce pains and seizures in children. This anti-science administration is bought and paid for.

  9. Cannabis Sativa is both hemp and marijuana. It’s the species. . Cannabis Ruderalis is hemp. Cannabis Indica is the good stuff. Ruderalis and Indica are varieties of Cannabis Sativa.
    But the bill, as far as I could tell, only references Sativa. Which makes me think it’s not ready for prime time. Why didn’t they specify Ruderalis?
    I don’t understand any of this.

  12. So this past weekend I was in Portland, presiding, as the family matriarch, over the distaff members of the extended family who had gathered for a bridal shower.
    And we went to Voodoo Doughnuts and discussed the availability of legal marijuana all Around the downtown area.
    And I warned the assemblage of the evils of the munchies. I told them that none of them had ever seen me stoned, that it wasn’t pretty. It involved full cans of Hershey’s Syrup, whole bunches of bananas, and entire Sara Lee cheesecakes, With cherries. My niece, the bride-to-be, thought it might be fun to watch, while others were duly horrified, so we finished our doughnuts and left.

    The last thing we need is appetite stimulants. Really.

    1. Actually the trip to Portland was illuminating. It used to be the City of Roses. Now it’s the City of Losers. The homeless population is trashing the city. I don’t know if legal pot is the reason but the city has been trashed: garbage all over the streets, people sleeping on sidewalks and encampments all along the highways and in the underpasses, panhandlers everywhere. I wondered how many of these people would stay there if they couldn’t buy pot. Just a thought…

      1. Why do so many people want to live there? It is a beautiful state. Reefer madness….madness coming out again.

        1. Probably because it is run by Democrats so getting high is legal and responsibility for oneself is not expected. The state is beautiful, the left-wing policies are not, and they take a toll on every healthy host city/state until the cancer kills the host.

      2. Causation does not imply correlation. I would guess it has nothing to do with pot and everything to do with indigent laws that support these sorts of styles of living. Anne, don’t you represent a district that houses a business in Winfred that wants to produce CBD oil? Why do you support such govt regulation? Where have your free market principles gone?

  14. Clearly, legalizing hemp in SD is no emergency. I agree with the Governor that it’s day will come, but we’re not ready yet.

    If these lawmakers override the Governor on a democrat sponsored bill, they should be run out of town.

    1. The day was here years ago. SD is afraid of change and progress. They are in a rut. Stop holding farmers back and let them farm. To many bureaucrats lobbyists involved. Don’t fall for their propaganda.

  15. There’s been many days since Governor Noem’s inauguration that makes us proud to have elected her. Yesterday was another.

    She knows the issues here, has told us in her veto message and taken decisive action. No games, no playing politics, just clear-headed focus on the hemp issue from a leader that knows ag and is focused on the best interests of South Dakota.

    Look around the room people. The proponents, whether knowingly or not, want to bring legalized marijuana to South Dakota. I’m hearing that the Governor is saying loud and clear, “Not on my watch.”

    Thank you, Governor!

    Maybe there’s a path to legalizing hemp. Let’s explore that before trying to convince everyone that hemp is some magic pill to revitalize ag. It’s not.
    .

    1. Ed, you have a case of reefer madness. lol. “There is nothing to fear but fear itself” FDR. How’s that war on drugs working for you ED? Quit being to scared. That propaganda is really getting old.

      1. I don’t fear death, I don’t fear fear and I certainly don’t fear your personal attacks.

        1. Ed just wants to make sure children continue to have seizures and the opioid epidemic gets worse.

          2. “Ed just wants to make sure children continue to have seizures and the opioid epidemic gets worse.”

            Is this what you and Tara are stooping to? Wow, it may not be long before you accuse R’s of wanting to ban abortions so they can let them die once born. Oh wait, Dems already support that.

            1. Republicans are pro birth. Once they are born, we don’t care if those babies live or die because it is up to their parents to provide for them. Born with a debilitating disease? You can die in the gutter. Don’t look to us for help. Not my problem.

            2. Stay on topic. The people have spoken. 65-2 in the House and over whelming in the Senate. Time for the Legislature to honor the wishes of the people not Pharma. Competition is go. Socialism is not.

  16. Where is it currently prohibited? In other words, if it’s legal under federal law, what is prohibiting SD farmers from growing it? Why do we need a state law?

  17. Just do it. Boycott the SD bureaucrats and grow that hemp. I am game. Remember what they did to Alex White Plume? This is the way to keep the war on drugs to continue. Millions of dollars to be made.

    1. Do you know the answer to where the current prohibition is? In other words, if it’s legal under federal law, what is prohibiting SD farmers from growing it? Why do we need a state law?

  18. Reading all of the butt-hurt comments every time something is posted about hemp is really the highlight of visiting this site. There should be a coupon ad that pops up for 10% off tin foil hats.

  20. Haven’t heard a real farmer comment. It’s all the liberals complaining because they want to legalize pot. Move to Colorado if you don’t like it.

    1. I’ve never understood that argument – “If you don’t like X, then move to Y!” Really? So if I wanted a hot tub on my patio, I should buy a new house that has one? Can’t I just buy a hot tub and put it on my patio since I really kinda like my house?

      I don’t have a dog in this fight – not a farmer, don’t partake of weed, and I really don’t know anyone who admits to benefiting from partaking.

        1. You miss the point, or I did not explain adequately – either way, if all things are considered and I am happy where I’m at bar a few changes, why not stay and work to make things more to my liking rather than move away and have to deal with far more unknowns and hassles? It really makes no sense.

        2. Neither will hemp unless you are a mouth breather. Go walk the Missouri and you can see acres upon acres of hemp that grows wild. REEFER MADNESS!!!

    3. Republican here. I take CBD oil for fibromyalgia. It works great. I can’t take the alternative which is opioids and steroids. I find myself in ER getting an enema and a nursing shoving her fingers in my bowels to remove compacted feces because opioids slow my digestive track too much. So yes, I will continue to take CBD oil, and not the prescription version of epidiolex that Noem supported at the cost of $37k a year(the real reason she is against CBD oil is because she is paid off). I’ll pay the $60 a month and have it shipped to me. My sheriff even said they won’t bother me at all for doing so. Why would people get in the way of proven medication with no mind altering effects unless they are just being a big govt proponent who are too selfish to see the light?

    4. You might want to listen to the house ag committee hearing on hemp…several proponents from ag groups, farmers and ag manufacturers; one opponent, SD Public Safety.

      1. The anti-hemp crowd are lying their butts off. They know their arguments are bogus.

  21. What really is funny is that hemp grows wild all over the state and we were a huge producer of it during the war effort back in the 30’s and 40’s before reefer madness stopped it all. I bet Anne can remember that even.

  22. There’s money to be made. Without regulation it’s hard to control to whom the money flows. Noem and friends want their cut.

    1. The new Farm Bill (which Noem voted for), “explicitly allows transfer of hemp derived products across state lines for commercial use or other uses.” So if you can’t tell the difference between marijuana and hemp… you better get ready!

  23. The new Farm Bill (which Noem voted for), “explicitly allows transfer of hemp derived products across state lines for commercial use or other uses.” So if you can’t tell the difference between marijuana and hemp… you better get ready!

  25. This is NUTS.
    Hemp and marijuana are different plants.
    Hemp is Cannabis Ruderis.
    Marijuana is Cannabis Sativa.

    The bill legalizes Cannabis Sativa, with no mention of Ruderis.

    Is there a botanist in Pierre? Or maybe a florist? What the hell is wrong with these people?

    1. You’re telling me that in a high-profile and extremely contentious debate between the legislature and the governor, no one noticed or made mention of a fatal flaw in the legislation? Right.

  26. Will Hemp-Derived CBD Be Fully Legal with Passage of the 2018 Farm Bill? Not Quite…

    “Numerous states recently have weighed in on the legality of adding CBD or hemp to foods under state law. While states regulate food alongside and in cooperation with the FDA, states are responsible for food safety within state borders while the FDA’s mandate is to regulate interstate food and drug safety. We caution, however, that regardless of whether a state has taken a specific position on the issue, all states are obligated to refrain from enacting state food and drug laws that directly conflict with FDA regulations…

    Ultimately, the new federal protections contained in the 2018 Farm Bill will move the CBD-based food and supplement industry closer to unrestricted national and international distribution of hemp-derived CBD products. Until approved by the FDA, however, CBD as an ingredient in foods and supplements will continue to be risky. That approval process within the FDA may take months or, more likely, years. In the meantime, it is ironic that removal of the DOJ and DEA’s authority over hemp-derived CBD will pave the way for the stepped-up jurisdiction and enforcement by the FDA, and a heightened risk of civil lawsuits as CBD enters the mainstream.”

    https://www.natlawreview.com/article/will-hemp-derived-cbd-be-fully-legal-passage-2018-farm-bill-not-quite

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