I’d heard the rumor earlier today, and now news reports are out that Mark Miller is out as Gov’s Kristi Noem’s Chief of Staff, as I’m told an announcement was made to staff this morning.

Congratulations and good luck to Mark, as there fewer jobs in all of state government that are more high stress than being the person responsible for running it all.

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)

According to a report from Dakota Free Press today, Cory Heidelberger is championing a fellow expatriate as a possible Congressional candidate. Democrat Zach Kovach, who had ran for District 7 House in Brookings back in 2018, is allegedly looking to return to the state to be the Democrat’s sacrificial lamb against Dusty Johnson for Congress in 2024.

I did find the release on Kovach’s personal facebook page..

Zach Kovach Launches Exploratory Campaign for U.S. House of Representatives Seat from South Dakota

Today, Zach Kovach announced the launch of an exploratory campaign for the U.S. House of Representatives seat in South Dakota. With a strong belief that every South Dakotan deserves a voice and a choice in this election, Zach aims to be a strong voice that fights for working people and champions the interests of the state.

The exploratory campaign for the U.S. House of Representatives seat in South Dakota focuses on actively engaging with the people. Zach is committed to hearing directly from residents about their most important issues, listening to their stories, challenges, and aspirations. This approach allows Zach to understand the unique needs of South Dakotans and shape a platform that truly represents their interests. South Dakota deserves a representative who listens to the concerns and priorities of its residents. In the past two election cycles, there hasn’t been a Democratic challenger for this seat, leaving many South Dakotans without a genuine choice in representation. Zach aims to change that by offering a fresh perspective and progressive solutions that prioritize working people, small farms, and the overall economy.

Progressive policies offer a clear advantage for South Dakota’s agriculture, workers, and economy. Fair wages, strong labor protections, and renewable energy will provide economic growth, small business stability, and a thriving agricultural sector.. Through affordable healthcare, access to quality education, and a commitment to combating climate change, Zach envisions a future where every South Dakotan has the opportunity to succeed and prosper.

Zach stated, “South Dakota is a state of hardworking people who deserve to have a real choice in this election. By offering a strong progressive voice, we can advocate for policies that uplift our workers, support our farmers, and create a stronger, more equitable economy for all. This exploratory campaign is about listening to the people of South Dakota and being a champion for their needs.”

To ensure a successful and inclusive campaign, Zach encourages all South Dakotans to actively participate in the process. Your input, stories, and ideas will help shape the vision and direction of the campaign. Join us in making a difference by visiting zachkovach.com and following Zach on social media, links to Facebook, Twitter, and Discord are on the website.

Zach Kovach
Zach@zachkovach.com
(307) 399-444

It’s a free country, and he’s certainly able to do so according to the law, which states..

Article I, Section 2, Clause 2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Which has been interpreted to say that Congress has interpreted the House Qualifications Clause to require only that Members meet age and citizenship qualifications at the time they take the oath of office.  Which would be a good thing for this candidate, since he apparently has not lived in the state for the last three years, according to his Linked-in page.

In fact, doing a little deeper dive, it’s noted that at the time of his candidacy, and to date, a voter registration for him for South Dakota – which appears to still be active –  is tied to his address in Brookings, out on the bypass next to the mini-storage buildings…

…at the local Delta Chi Fraternity House, four years or so after he left town.

According to the most recent voter database records I have available, I don’t see where he has voted in South Dakota since the 2018 general election.  It may be interesting to check where he falls on voter rolls in Maryland and Iowa where he has been living, but I’m not seeing anything in South Dakota to give even a hint of connection to the state.

So, let’s summarize. Mr. Kovach has no current residency here. He hasn’t voted here since 2018. He may (emphasis on may) be registered to vote in another state, and as he’s been working for “Progressive Maryland,” and a candidate in Iowa, his C.V. doesn’t appear to indicate that he’s worked in South Dakota for the last several years.

According to law, not living here is apparently not an issue. Which might be attractive for South Dakota Democrats to attempt to import candidates.

Since they’re not having much luck with anyone in South Dakota.

Higher prices have become a fact of life during the Biden administration. This is especially true for energy – in South Dakota, the typical family is paying $112 more per month for energy since President Biden took office. At the same time energy prices are straining family budgets, government policies are straining the energy industry and making our energy supply less reliable. This is no coincidence; it’s the predictable result of the policies President Biden has enacted over the last two and a half years.

From the earliest days of his administration, President Biden has moved to accelerate his vision of a Green New Deal future. His early decisions to cancel the Keystone XL pipeline and pause energy development on federal lands sent a clear message that discouraged domestic production of conventional energy, which led to higher prices for American families. With the help of Democrats in Congress, the president has also increased taxes and fees on conventional energy producers, which will only drive prices higher.

The president is undertaking these policies with the promise of a transition to clean energy, but his singular focus on transitioning to clean energy is leading to a disturbing trend. Fossil fuel power plants are closing faster than new renewable sources can be brought on line. Plant closures and increased energy demand forecasted during the summer have led to warnings of blackouts across large swaths of the country. Yet, the Biden administration recently finalized a regulation that threatens to close more fossil fuel power plants and further destabilize our electric grid.

I’ve long been a supporter of renewable energy, and I’m proud that South Dakota is a leader in clean energy sources like hydroelectric, wind, and biofuels. But the fact is that we are not yet at a point where we can rely solely on renewable energy. President Biden needs to shift gears and unleash American energy production of both the conventional and renewable varieties.

Republicans have been working to advance policies that would support such an all-of-the-above energy portfolio. One of the ways to do this is by reforming our outdated federal permitting processes that have mired too many projects in unnecessary and costly delays. The recently passed Fiscal Responsibility Act takes important steps toward reducing these regulatory burdens by streamlining government agencies’ reviews and shrinking the timeline for getting projects off the ground. These are meaningful steps, but there’s more that needs to be done to ensure government regulation and spurious legal challenges do not stand in the way of the projects we need to deliver reliable and affordable energy to Americans.

For more than two years now, the Biden administration has demonstrated its hostility to conventional energy with devastating consequences for family budgets, businesses, and the reliability of our electric grid. It’s long past time for the president to recognize the critical role conventional energy continues to play in our nation’s energy supply and embrace a more realistic approach. Continuing to insist on an overly ambitious green energy transition would only further jeopardize America’s energy security.

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Every June, hundreds of high school students who just completed their junior year are selected by the American Legion Auxiliary to participate in Boys State and Girls State. I had the opportunity to attend Boys State when I was in high school, and it has had a lasting impact on me. I was honored to be able to speak at Boys State and Girls State again this year and met some of our state’s next generation leaders in government. This year was even more special because my oldest son, Max, was at Boys State.

These conferences are organized so attendees can learn the functions of government at the local, county, and state levels; understand how to play an active role in government as a citizen; and develop a stronger understanding of patriotism. I know it’s important to encourage students to become involved and engaged citizens and I am grateful for each opportunity I get to do so.

These events are a great kickoff to summer and close to the school year. Many of these students are now working hard at their summer jobs. I’m proud of the teens, including my own, who work jobs throughout the summer, gaining real workplace experience and developing interpersonal and professional skills that can’t be taught in the classroom. I’m confident the teenagers who work jobs during the summer and throughout the year will have a leg up when it comes to apply to colleges, internships, and jobs post-college graduation.

Seeing hundreds of engaged, informed, and effective students in one place was encouraging and I look forward to seeing where these leaders go in their future.

You know the Founding Fathers, the men who laid the foundation for this great nation. You probably know Washington, Adams, Jefferson, Madison, Franklin, and Hamilton. But you may not have heard of Benjamin Rush.

Benjamin Rush was active in the Sons of Liberty. He was consulted by Thomas Paine to help write Common Sense. He represented Pennsylvania and signed the Declaration of Independence. And he used his medical skills to help soldiers during the Revolutionary War.

Benjamin Rush was also very passionate about education. He wanted to ensure that future generations would have the gift of knowledge. In 1786, he wrote a plan for establishing public schools in the state of Pennsylvania. In his essay, Rush describes the influence and advantages of learning. He wrote, “learning is favorable to liberty. Freedom can exist only in the society of knowledge. Without learning, men are incapable of knowing their rights, and where learning is confined to a few people, liberty can be neither equal nor universal.”

This ideal still rings true today – it’s why I have found that one of the greatest things I can do as Governor is pour into our kids. It’s why we passed new social studies standards for the state. It’s why I have worked closely with the Board of Regents to continue improving South Dakota’s institutes of higher education. And it’s why our parents need to have a say in what their kids are learning in the classroom.

I want our kiddos to learn an honest and factual history, to understand the ideals of our founders, and to apply that knowledge to the nation today. That is how we preserve Freedom in South Dakota and in America.

Unfortunately, we now live in a time when common sense is no longer common, and patriotism seems to be harder to come by. Just recently, it was discovered that Target’s nonprofit foundation is giving money to an organization that is pushing to give away Mount Rushmore to an extremist group who has threatened to shut it down and destroy it.

Target and other large corporations have been moving further and further away from traditional American values for years. They don’t care that Mount Rushmore has always been a symbol of hope that this great American experiment in democracy will live on – that we will continue to be the greatest nation the world has ever seen.

The four leaders on Mount Rushmore did incredible things. They weren’t perfect, but each of them played a part in giving Americans our most precious gift: Freedom.

The United States of America is the greatest, freest nation in history. We all know that, and we are making sure our kids and our grandkids know that too. In South Dakota, we still believe in the beauty of the American Dream and the value of hard work. And as Governor of this great state, I can promise you one thing – Mount Rushmore will not be given away on my watch.

America’s symbol of Freedom will endure. And South Dakota will continue to be America’s Freedom stronghold.

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Petition Challenge Hearing To Be Held Thursday

BALTIC, SD – The hearing regarding Mayor McIsaac’s challenge of the recall petitions is set to be held June 15th, 2023, at the Minnehaha County Courthouse. It is scheduled to begin at 9:00AM.

In one of the court filings, South Dakotans for Transparent Government said, “Eventually, the question should be whether the statements are specific enough to give the voters of Baltic and the Mayor notice of what behavior the Petition alleges that constitute the grounds for recall. Here, that answer is a resounding yes.”

To see the documents that have been filed by South Dakotans for Transparent Government, please visit www.recallmcisaac.com. For more information or press inquiries, please contact info@recallmcisaac.com.

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Rounds Statement on Indictment of Former President in Federal Court

WASHINGTON – U.S. Senator Mike Rounds (R-S.D.) issued the following statement on the indictment of the former president in federal court:

“Regardless of your political position or perspective, the news of another indictment against the former president should concern all of us. American citizens look to our leaders and our justice system to have integrity – and that integrity is once again being called into question. 

“The indictment that has been unsealed contains multiple charges against the former president for his role in retaining classified documents, some of which were highly classified.

“As a member of the Senate Armed Services Committee and Senate Select Committee on Intelligence, I receive classified briefings multiple times per week. It is unacceptable that sensitive information, which could undermine our national strategy and security, has been treated so carelessly by current and former members of the executive branch.

“At the same time, I am concerned about the Department of Justice’s decision to pursue this case against the former president at a time when our current president has also admitted to the possession of classified documents while out of office.

“The unprecedented action of indicting in federal court a former president, who is also a current candidate for president, cannot be taken lightly as it is inherently political and will have a lasting impact on our nation. The burden of proof is on the Department of Justice to prove their case beyond a reasonable doubt. The former president should be considered innocent unless proven guilty.”

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Governor Noem to Testify on Capitol Hill

PIERRE, S.D. – Governor Noem will testify before the United States House of Representatives Committee on Natural Resources on Thursday, June 15, in favor of HR 3397. This bill would require the Bureau of Land Management (BLM) to abandon the proposed rule on “Conservation and Landscape Health.”

“Washington bureaucrats don’t know how to manage land better than the South Dakotans who have been stewarding it for centuries. But Joe Biden’s Administration is pursuing a regulatory land grab,” said Governor Kristi Noem. “Their proposed rule will result in poorly managed federal lands, which will devastate conservation and management efforts, harm our wildlife, slow economic growth, and endanger public safety.”

The Bureau of Land Management’s proposed rule elevates conservation practices as a “use” within the Federal Land Policy and Management Act multiple-use framework without Congressional authority. BLM intends to pursue this through so-called conservation leases for both protection and restoration activities. This proposed rule would fundamentally change the way multiple use and sustained yield mandates are carried out.

Governor Mark Gordon of Wyoming will also be testifying. Governor Noem has previously worked with Governor Gordon on several issues pertaining to land management, such as the Biden Administration’s overregulation of the Black Hills timber industry.

The Biden Administration could use this proposed rule change to determine currently permitted activities on BLM lands are incompatible with a conservation lease or areas identified as “intact landscapes.” This could include loss of grazing, energy production, and recreation – all of which are essential to the South Dakota way of life.

HR 3397 was introduced by Congressmen John Curtis (R-UT), Dan Newhouse (R-WA), and Russ Fulcher (R-ID).

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After his expose of a pop-up clinic which prescribed him medical marijuana, State Representative Fred Deutsch and the Medical Marijuana Association are apparently in a war of words over his actions:

“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,” CIASD President Deb Peters said in written remarks provided to The Dakota Scout.

Deutsch last week told this newspaper that as part of a fact-finding mission into what he characterizes as “pop-up clinics”, he received a medical marijuana ID card through DOH after being certified for the program by a nurse practitioner employed by MMJ Card Clinics.

Read the story here.

I’ve got to pause the reporter Joe Sneve here – because it’s not  what “he characterizes as pop-up clinics.”  The pop-up clinic term comes from pop-up clinics own advertising, if you’d note that part which reads “Pop-up Clinic” in a screenshot from a post of mine this last December:

When they’re prescribing medical marijuana in hotel conference rooms and local lounges, I’m not sure how else you’d characterize them. Because it’s sure not a doctor’s office.

Getting back to the article, Representative Deutsch continued to fire back..

“I’m the whistleblower here. I’m pointing out the problems with the clinic, and they’re attacking me,” he said. “The clinic broke multiple laws, and I was completely forthcoming. Deb Peters doesn’t know what she’s talking.”

Deutsch said he will not voluntarily turn in his medical marijuana ID card…

Read that here.

Get your popcorn. I would wager that this story is not over.