WeedPress: The Paper Trail

WeedPress has submitted an open records request to the Legislative Research Council for communications and participation involving outside individuals and organizations in the Medical Marijuana Oversight Committee from October 19, 2021, through October 19, 2026.¹ The request seeks records concerning the Committee’s official business under SDCL § 34-20G-93, including emails, letters, text messages, attachments, speaker invitations, scheduling records, presentations, and materials submitted to or distributed among Committee members.²

The request specifically includes communications involving Kevin Sabet, Smart Approaches to Marijuana (SAM), Dr. Bertha Madras, or their representatives or affiliated organizations.³ It also asks for records documenting the selection, invitation, or coordination of outside speakers, as well as any materials provided to the Committee that were not posted with the formal hearing documents.⁴

The request is directed to the Legislative Research Council after the Department of Health’s medical cannabis program advised that it was not the appropriate records custodian.⁵ It is an informal request under SDCL § 1-27-35. If denied in whole or in part, a formal written request under § 1-27-37 is available and triggers a ten-business-day response period.⁶ WeedPress has requested a public-interest fee waiver or reduction under § 1-27-36 and has asked that any estimated cost exceeding $50 be provided before records are assembled.⁷

The request is not limited to the October 13, 2026 meeting. It covers five years of external communications and materials so that any pattern of outside participation is placed on the public record alongside the Committee’s formal proceedings.⁸ A response that refers only to already-posted website materials can be treated as a denial in part and escalated.⁹

WeedPress will publish any responsive records or the agency’s response once received.

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Footnotes

¹ Author’s open records request to the Legislative Research Council (Oct. 19, 2026).

² Id.; SDCL § 34-20G-93.

³ Author’s request, supra note 1.

⁴ Id.

⁵ Id.

⁶ SDCL § 1-27-35; SDCL § 1-27-37.

⁷ SDCL § 1-27-36.

⁸ Author’s request, supra note 1.

⁹ SDCL § 1-27-37.

Email to LRC

LRC@sdlegislature.gov

Subject: Public Records Request – Medical Marijuana Oversight Committee Communications and Outside Participation

 To the Legislative Research Council:

Pursuant to SDCL Chapter 1-27, including §§ 1-27-1, 1-27-1.1, and 1-27-35, I request access to public records concerning communications and participation involving outside individuals and organizations in the South Dakota Medical Marijuana Oversight Committee (MMOC).

I previously submitted a request for MMOC communications to the South Dakota Department of Health’s medical cannabis program. The program advised that it was not the appropriate records custodian. Because the MMOC is a legislative committee supported by the Legislative Research Council, I am now directing this request to your office.

The requested period is October 19, 2021, through October 19, 2026.

The MMOC has statutory responsibilities under SDCL § 34-20G-93 to evaluate South Dakota’s medical cannabis program, make recommendations, and seek input from stakeholders. This request concerns the Committee’s performance of those public duties, including how outside individuals and organizations participate in its proceedings and provide information relevant to its recommendations.

Records Requested

1. All available emails, letters, text messages, electronic communications, attachments, and other written records between MMOC members or assigned LRC staff and outside individuals or organizations concerning the Committee’s official business, including medical cannabis policy, federal and state scheduling, proposed legislation, administrative rules, and Committee proceedings.
2. Communications involving Kevin Sabet, Smart Approaches to Marijuana (SAM), Dr. Bertha Madras, or their representatives or affiliated organizations concerning MMOC business, including speaker invitations, scheduling, presentations, testimony, policy recommendations, and coordination with Committee members or staff.
3. Meeting materials, written testimony, presentations, reports, policy memoranda, handouts, calendar invitations, and other documents submitted to or distributed among Committee members in connection with official MMOC proceedings, including materials provided by outside speakers or organizations.
4. Records documenting the selection, invitation, or coordination of outside speakers or organizations participating in Committee proceedings, to the extent such records are maintained and subject to disclosure.

This request includes responsive records maintained by LRC staff or Committee members in their official capacities, including communications through personal accounts or other platforms used for official Committee business, to the extent such records are maintained and subject to disclosure.

Disclosure and Statutory Exemptions

I recognize that SDCL § 1-27-1.5 establishes exemptions for certain categories of records, including correspondence and working papers. If responsive records are withheld, please identify the applicable statutory exemptions and, where possible, provide nonexempt portions or otherwise disclosable materials.

If possible, please identify the categories of responsive records withheld and the corresponding statutory grounds for withholding them.

Electronic Production and Costs

Please provide responsive records electronically in their existing format where practicable, including attachments.

Under SDCL § 1-27-36, if the estimated cost of fulfilling this informal request exceeds $50, please provide the required estimate before assembling the records. I do not authorize charges exceeding $50 without my written approval.

I also request consideration of a public-interest fee waiver or reduction under § 1-27-36. These records concern the activities of a legislatively established oversight committee, public participation in state policymaking, and the development of recommendations affecting South Dakota medical cannabis patients.

If producing the full request at once would be burdensome, I am willing to discuss phased production, beginning with communications involving the specifically named individuals and organizations and materials associated with their Committee appearances.

Records Custody

If LRC does not maintain some of the requested records, please identify the appropriate custodian if known, including any relevant legislative office, Committee member, or other public agency.

Please confirm receipt of this request and advise whether any clarification would assist in locating responsive records.

Thank you,

Jason Karimi
WeedPress