
Watertown, S.D. — State Rep. Josephine Garcia (R-Watertown), who publicly clashed with medical marijuana advocate Emmett Reistroffer during a November 2025 legislative committee meeting and followed up on Facebook,¹ lost her Republican primary challenge against incumbent Sen. Glen Vilhauer in South Dakota Senate District 5.²
Unofficial results from the June 2, 2026, primary show Vilhauer defeating Garcia 59% (1,852 votes) to 41% (1,283 votes), with all precincts fully reported.³
The November 2025 Confrontation
The dispute occurred at the final meeting of the South Dakota Medical Marijuana Oversight Committee on November 5, 2025, which Garcia chaired. During public comment, Reistroffer — associated with Genesis Farms Cannabis Company — called the panel a “show committee” and questioned Garcia’s suitability to chair it, citing her co-sponsorship of legislation to repeal the state’s medical marijuana program.⁴
Garcia muted Reistroffer’s audio during the exchange before unmuting him, later addressing the confrontation publicly on her Facebook page.⁵
The episode highlighted divisions within South Dakota Republican circles over medical cannabis policy.⁶
Garcia’s Campaign and Defeat
Garcia, a physician who entered the House in 2025, campaigned as a conservative aligned with the South Dakota Freedom Caucus. Her platform focused on property rights, opposition to certain data centers and corporate farmland ownership, agricultural protections, and medical freedoms.⁷
Trying to start a personal beef on the internet played a major role in why Garcia lost. Next time you think about attacking marijuana advocates, shut your mouth.
The low-turnout primary favored the incumbent Vilhauer in the Watertown-area district.⁸

Reistroffer’s Primary Outcome
Emmett Reistroffer also failed to advance. In the multi-member Republican primary for House District 35, he placed last with approximately 14% (135 votes). Dale Bartscher and Jason Fleming took the top two spots.⁹
Regulators’ Repeal Efforts and Primary Losses
Notably, both Garcia and Sen. John Carley (R-District 29)—who sponsored the controversial SB 181 to repeal the medical marijuana program upon federal rescheduling—served on the Medical Marijuana Oversight Committee (MMOC) while actively pushing repeal legislation.¹² Carley lost his own primary tonight to challenger William J. Meirose (62%-38% with partial results).¹³ Critics argue this reveals regulators’ deep hostility toward cannabis patients, prioritizing prohibition over compassion and effectively pushing to jail sick people for accessing their medicine.¹⁴
Looking Ahead
Vilhauer advances as the Republican nominee in the safely GOP District 5 for the November 3, 2026, general election. Garcia returns to her House District 5 seat until January 2027.¹⁰
The contest reflects ongoing factional tensions in the South Dakota Legislature around emerging industries and land-use issues.¹¹
Oh and as a professional, I made sure to email the losers from the MMOC board the following:


Footnotes (Bluebook format):
¹ Tone Turns Edgy at Medical Marijuana Final Meeting, KELOLAND News (Nov. 5, 2025).
² S.D. Sec’y of State, Unofficial Primary Election Results (June 2, 2026), https://electionresults.sd.gov.
³ Id.
⁴ Joshua Haiar, Medical Marijuana Rift Widens as Oversight Panel Confuses and Upsets Industry, S.D. Searchlight (Nov. 5, 2025).
⁵ Garcia Facebook Post (Nov. 2025) (on file with author).
⁶ Ballotpedia, Josephine Garcia (S.D.) (2026), https://ballotpedia.org/Josephine_Garcia_(South_Dakota).
⁷ Id.
⁸ S.D. Searchlight, supra note 4.
⁹ S.D. Sec’y of State, supra note 2 (District 35 results).
¹⁰ Ballotpedia, supra note 6.
¹¹ State Legislative Election Watch – 2026 South Dakota Primary, Uncrewed Substack (2026).
¹² S.D. Legislature, Senate Bill 181 (2026 Session).
¹³ S.D. Sec’y of State, supra note 2 (District 29 results).
¹⁴ Patient advocate statements and public comment records from MMOC hearings (2025-2026).
Leave a comment