I also did a media interview this week with Kelo Land’s Bridget Bennett as well. You can watch the interview here:
https://www.keloland.com/news/your-money-matters/sioux-falls-city-council-holds-first-discussion-on-medical-marijuana/
Below is my email to Sioux Falls City Council as well as video of the news coverage in which myself, the founder of the WeedPress blog, spoke to the news about federal law exemption solutions to state medical marijuana laws, as well as the need for recognizing that regulating marijuana is complicated.
I absolutely do not agree that South Dakota’s medical marijuana law is intentionally violating federal law. To set up an entire industry that violates federal law can’t be what South Dakota lawmakers are currently participating in. Lawmakers would not intend to engage in a criminal conspiracy. That’s why they are called law “makers,” not law “breakers.”
During this past Tuesday, May 25th city council hearing in Sioux Falls, one of the members, Janet Brekke, said that there is no need to reinvent the wheel and that South Dakota should look to other states for the best example of how to regulate medical marijuana. To that end, my email to the City Council is timely and informative. If the South Dakota lawmakers, once notified of the following solution, do not protect patients like myself from federal law, I will have various measures at my disposal to remedy inaction by the state to file exemption under Title 21 of the Code of Federal Regulations.
Follow WeedPress on Facebook as we lead by example, this time in one of the freest and most pro-America states in the country: South Dakota.
Video link: https://youtu.be/kS5tUcBzsdE
Tuesday, May 25th, 2021
Dear Sioux Falls City Council,
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] South Dakota’s Department of Education met to discuss medical cannabis laws in South Dakota on Monday, May 17th, 2021.
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 members of the Sioux Falls city council, and interested parties, 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] Copies of this letter will also be sent to city councils around South Dakota to assist them in better understanding how to go about writing city ordinances that address implementation of medical marijuana in South Dakota.
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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