Pennington County, home to Rapid City, South Dakota, released a new ordinance. It placed a moratorium on medical cannabis dispensaries and medical cannabis applications until further notice. A moratorium is a term for legally suspending an activity. For example, the CDC passed a moratorium surrounding renter eviction. Renters will not be evicted if they cannot pay rent right now. Now this county’s Board of Commissioners is looking to do the same towards medical cannabis licenses. Both for dispensaries and patients.

IM 26 

The 2020 general election saw both recreational and medical cannabis approved by voters at 54 and 70 percent respectively. Both received opposition almost immediately. The recreational cannabis measure, Amendment A, is under debate by the state’s Supreme Court. Amendment A became overturned by a Court Judge after a lawsuit filed on behalf of Governor Kristi Noem (R). No response is available at this time. 

As for the medical cannabis measure, IM 26, lawmakers, along with Governor Noem, looked to delay and change the measure. HB 1100 would have delayed the start of the medical cannabis legalization measures. Additionally, it changed qualifying conditions and consumption measures. The Senate and the House could not agree on how the final version of the bill. HB 1100 died as the bill’s sponsor withdrew it. 

Governor Noem’s office proposed a few compromises to the upcoming medical cannabis program, which will begin July 1st. Lawmakers argued enough time had been spent on IM 26. Nothing else needed to happen to it in regards to major changes. 

Legalization

Even after IM 26 goes into effect on July 1st, the state still has 120 days to create the rules for qualification and application. An employee of the State’s Attorney’s office said, “I believe from talking with the DOH, they’re going to submit their rules sometime in August or early September. Then it will go through the rules committee and we’ll be able to see those and we’ll be able to craft those so we have something in place before the licenses.”

Under this, if any counties create their own laws or regulations for medical cannabis dispensaries and patients, they could go against or contest the state’s laws when they finally launch. This is the reason why Pennington County placed the moratorium on medical cannabis dispensaries and applications. 

Commission Chair Gary Drewes spoke with local news. “This ordinance before you today basically establishes a moratorium on anybody requesting permits and licenses from us until we establish another ordinance which can’t be developed until the state promulgates its rules and regulations.” 

When the state publishes its new laws and regulations, Pennington County will begin to create their own. They will be in accordance with the state’s laws. Until then, no discussion will take place. 

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