Dear South Dakota Department of Education,
I did not find out about the proposed public comment period until May 15th of this year. I realize the deadline for submitting written comment was May 12th. I sincerely apologize that this email correspondence was made May 16th, 2021, four days past the deadline. I am unable to make the early morning hearing in person.
The Iowa Department of Health wrote four federal government agencies,[1] one of which was the Department of Education,[2] addressing the same topics outlined in rule Article 24:80,[3] . They didn’t just write one letter, the state of Iowa wrote these four letters to four different federal departments, including the Department of Education. Iowa also wrote a statement of intent concerning these four letters.[4]
The Iowa Department of Public Health wrote the Department of Education a letter on April 23, 2021. I would like to respectfully draw attention to your agency as to these four Iowa letters as Article 24:60 is being written[5] that federal exemptions to state medical cannabis laws are currently found in the Code of Federal Regulations.[6]
The solution to federal drug law is also with Hawaii. In 2021, Hawaii passed both a House concurrent resolution, H.C.R. No. 132,[7] and a House resolution, HR No. 112,[8]. House resolution 112 is more detailed and gets into 21 C.F.R. § 1308.43, whereas H.C.R. 132 leaves out 21 C.F.R § 1308.43 and instead discusses 21 C.F.R section 1307.03.
If you have further questions about this issue I would gladly work with you.
Thank you!
Jason Karimi
Medical Cannabis Patient
Sioux Falls, South Dakota
[1] See attached Exhibits A, B, C, D, https://iowamedicalmarijuana.org/pdfs/2021-05-21/Exhibit-A-2021-04-29.pdf, https://iowamedicalmarijuana.org/pdfs/2021-05-21/Exhibit-B-2021-04-29.pdf, https://iowamedicalmarijuana.org/pdfs/2021-05-21/Exhibit-C-2021-04-29.pdf, https://iowamedicalmarijuana.org/pdfs/2021-05-21/Exhibit-D-2021-04-29.pdf
[2] Exhibit C, see footnote 1
[3] https://rules.sd.gov/detail.aspx?Id=649 “The effect of the rule Article 24:80 (Medical Cannabis) will be to establish the general and discretionary provisions for schools to allow students to have access to medical cannabis on school property and at school-sponsored activities. The reason for adopting Article 24:80 (Medical Cannabis) is to comply with SDCL § 34-20G-95 wherein the Department of Education is to establish a policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician’s recommendation. This policy shall be implemented the first day of the new school year following passage of SDCL § 34-20G, which is effective July 1, 2021.”
[4] https://iowamedicalmarijuana.org/pdfs/2021-05-21/Page7fromIDPH-2020-09-04.pdf; see email attachment # 5 sent May 16 2021 to South Dakota Department of Education email ferne.haddock@state.sd.us. See especially Section 31: “PROTECTION OF FEDERAL FUNDING. The department of public health shall request guarantees from the agencies of the federal government providing funding to educational and long-term care facilities that facilities with policies allowing patients to possess medical cannabidiol on the grounds of the facilities with policies allowing patients to possess medical cannabidiol on the grounds of the facilities consistent with chapter 124E or allowing facility staff to administer medical cannabidiol to a patient shall not loses eligibility for any federal funding due to such policies.” See also 21 C.F.R § 1307.03, titled “Exceptions to regulations.” “Any person may apply for an exception to the application of any provision of this chapter by filing a written request with the Office of Diversion Control, Drug Enforcement Administration, stating the reasons for such exception. See the Table of DEA Mailing Addresses in § 1321.01 of this chapter for the current mailing address. The Administrator may grant an exception in his discretion, but in no case shall he/she be required to grant an exception to any person which is otherwise required by law or the regulations cited in this section.”
[5] https://rules.sd.gov/Uploads/649_OrginalDraftRules.pdf ; see especially page 5 24:60 (Medical Cannabis) proposed rules dated 4/27/2021: “Exemption. A school district shall not be required to comply with §§ 24:60:02:01 through 24:60:02:11, if:(1)The school district posts on its website in a conspicuous place a statement regarding its decision not to comply with §§ 24:60:02:01 through 24:60:02:11; and (2)The school district loses federal funding as a result from complying with §§ 24:60:02:01 through 24:60:02:11; or(3)The school district can reasonably demonstrate that it lost federal funding as a result from complying with §§ 24:60:02:01 through 24:60:02:11.”
[6] 21 C.F.R § 1307.03, and with 21 C.F.R § 1308.43, and section 201 of the Controlled Substances Act provides that states may petition the federal government for needed exemptions to secure federal funds
[7] https://iowamedicalmarijuana.org/pdfs/2021-05-21/HCR132.pdf
[8] https://iowamedicalmarijuana.org/pdfs/2021-05-21/HR112.pdf
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