Dave Baumeister | County Correspondent
SIOUX FALLS – While the second Tuesday of the month is usually open, the Minnehaha County Commission met briefly this week for the first reading of a medical marijuana ordinance.
As was covered over the past three weeks, commissioners were perplexed about where to go regarding sales marijuana for medicinal use.
With the passage of Initiated Measure 26 in November 2020 by a 69.92% margin of South Dakota’s voters, the state’s legislature was supposed to establish rules for the sales of medicinal marijuana during their 2021 session but failed to do so.
While the law still does take effect on July 1, Deputy State’s Attorney Eric Bogue explained that the wording of IM 26 does establish a deadline for having rules in place as Oct. 28, 2021.
Since, so far, the state has failed to establish their own rules, and the new law takes effect on July 1, local governments, along with business owners, are in a dilemma of not knowing how to proceed.
The new ordinance for the county that Bogue prepared, he said, is “my attempt to meet the general intent of the last discussion.”
His draft ordinance states that “cannabis establishments … desiring to operate in the county be required to apply for a permit and/or license from the county.”
But it further states that applications for these licenses will not be accepted until the state’s rules are in place.
Sarah Koob of Sioux Falls, who has spoken in support of cannabis issues at the last three commission meetings, said, this week, that she felt this new ordinance gives the state “permission to drag its feet.”
“I’d rather you do nothing than pass this,” Koob said.
But some commissioners felt that this ordinance, although vague, did provide a warning for business not to totally commit until they knew all the rules.
“This isn’t a consumption issue; it’s a sales issue,” Commissioner Jean Bender said.
Bogue had said in the past that because of the “grey area,” he didn’t feel that the state’s attorney’s office would be prosecuting any cases possession of a small amount of marijuana after July 1.
That was brought up again at this meeting, and State’s Attorney Daniel Haggar, who was present, did not say anything to the contrary.
Other commissioners echoed the idea of protecting businesses.
Commissioner Jeff Barth, who was in favor of this ordinance going to a second reading, again admonished the state for putting all local governments in a bad situation.
He also pointed out that he believed the city of Sioux Falls, Lincoln County and Minnehaha County will have different ordinances on this issue.
“Here we are, in a ‘pro-business’ state trying to ‘protect’ people by NOT letting them go into business,” Barth said, referring to state inaction.
But Bogue pointed out that the people who drafted IM 26 did include the Oct. 28 date to have rules in place, and the legislature voted not to change or delay that, so they can’t push this out longer, as Koob fears.
Commissioner Cindy Heiberger made the motion to accept the first reading of the new ordinance. It was seconded by Barth and unanimously approved.
The issue goes to a second reading on Tuesday, June 15, at 9 a.m. on the second floor of the Minnehaha County Administration Building at 6th and Minnesota in Sioux Falls.
Like today, it will also be a public hearing open for comments, and, as always, people are encouraged to add their thoughts to the discussion before a final vote is taken.