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Judge denies injunction in South Dakota hemp ban case

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Judge denies injunction in South Dakota hemp ban case


A federal judge over the weekend denied a request to block South Dakota’s new law banning certain hemp-derived products, allowing the measure to take effect Monday.

U.S. District Judge Eric C. Schulte ruled Saturday that Hemp Quarters 605, a Pierre-based retailer, failed to show it would likely succeed in challenging the law’s constitutionality, the South Dakota Searchlight reported.

House Bill 1125, signed by Gov. Kristi Noem in March, amends existing definitions of hemp and industrial hemp products. It defines a “chemically derived cannabinoid” as a substance created by chemically altering compounds from the cannabis plant.

Key provisions of the law include prohibiting the chemical modification or conversion of industrial hemp into delta-8 THC, delta-9 THC, delta-10 THC, or similar compounds. It also bans the sale or distribution of industrial hemp products containing chemically derived cannabinoids. Violations are classified as Class 2 misdemeanors.

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Hemp Quarters 605 has argued the law conflicts with the 2018 federal Farm Bill, which legalized hemp production. The retailer claimed it could lose up to 70% of its business under the new restrictions.

The company’s owner, Brandi Barth, also testified about investing $50,000 to renovate its rented building.

Judge Schulte still rejected key arguments from Hemp Quarters 605, finding the law doesn’t improperly interfere with interstate commerce and that South Dakota acted within its police powers to protect public health.

“This Court believes it is unlikely Plaintiff will succeed on the merits of a regulatory taking claim,” Schulte wrote in his 19-page opinion obtained by Green Market Report.

He added, “While this may seem unfair to Plaintiff, as inventory that is legal today will not be legal on July 1, 2024, ‘the (takings) inquiry remains focused on the character of the government action, not the culpability or innocence of the property holder.’”

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The judge also noted that during the hearing, counsel for the state acknowledged that the company was placed in an “extremely difficult position” given the passage of HB 1125 and the change in the law.

“Precedent makes it clear, though, that this Court’s inquiry should not be on the innocence of Plaintiff when making a determination on a regulatory taking claim,” Schulte wrote.

The Hughes County State’s Attorney has agreed not to prosecute the company while the lawsuit continues, but the state Attorney General’s office made no such commitment, court documents show.

The ruling allows South Dakota to join other states cracking down on intoxicating hemp-derived products. Some such as Florida and Massachusetts decided this year to table the question for now. Supporters argue the law is necessary to close a loophole created by the Farm Bill, while critics contend it goes beyond federal regulations and could harm South Dakota’s emerging hemp industry.

Hemp Quarters 605 is allowed to proceed with its lawsuit, but Saturday’s decision suggests an uphill battle.

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South Dakota

American Red Cross helps with flood response in southern Minnesota, southeast South Dakota

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American Red Cross helps with flood response in southern Minnesota, southeast South Dakota


FARGO, N.D. (Valley News Live) – As flooding continues across southern Minnesota and southeast South Dakota, volunteers with the American Red Cross Minnesota and Dakotas Region are lending a helping hand.

As of Tuesday evening, more than 120 people from the Minnesota and Dakotas Region branch of the Red Cross are helping communities impacted by the flood. More than 500 homes have been assessed while more than 1,2000 emergency relief supply kits have been given.

“That’s really what makes the Red Cross so special is we’ve got many people that care and are with people in some of their toughest times,” said Christopher Larson, a regional communications volunteer with the Red Cross.

If you’d like to help, you can volunteer, donate money, or donate blood. Those at the Red Cross say sometimes these disasters cancel blood drives and that can impact giving blood to those who need it down the road.

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For more information and to help out, you can click here.



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Mystery over Montana: Balloon spotted in weekend skies owned by South Dakota company

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Mystery over Montana: Balloon spotted in weekend skies owned by South Dakota company


BILLINGS — After last year’s sighting of a Chinese spy balloon over Billings, Montanans have kept their eyes on the skies. That was especially true over the weekend, when several residents posted pictures on social media of a balloon spotted hovering over Montana skies.

That balloon, however, was not a foreign surveillance tool: It’s owned by South Dakota-based aerospace technology company, Aerostar, which is conducting research to improve its technology.

The balloon spotted over the weekend was much bigger than a weather balloon.

“That Thunderhead system, like the one you sent the photo of, that’s a 60 or 70-foot wide balloon, so it’s a pretty good size balloon,” said Russ Van Der Werff, vice president of stratosphere solutions for Aerostar over a video call Tuesday.

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Aerostar

Aerostar’s Thunderhead balloon system as it launches.

South Dakota-based Aerostar launched the balloon that many spotted, using it for research and development.

“Suddenly people’s ears perk up when the balloons go overhead, and they think there must be something going on. But the reality is, you know, we’ve been flying these systems for decades,” said Van Der Werff.

“We fly probably a couple dozen balloons a year just as R&D tests to test the navigation, the endurance, the steering, the solar and battery technology and all of that,” Van Der Werff said. “It’s designed to be a long-duration, navigational-enabled stratospheric balloon. So it flies, say, between 50 and 100,000 feet and it can steer to a location and persist there by using different winds at different altitudes up in the atmosphere.”

These balloons are fitted with an aviation transponder, so they can be tracked.

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“We file a flight plan, just like an aircraft would, work in contact with the FAA or whatever country authorities were flying over, just like an aircraft would,” said Van Der Werff.

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The flight path of the Thunderhead balloon system spotted over Montana this weekend.

The company works with partners like NASA, Google, and even the U.S. military, helping with everything from communications during natural disasters to scientific research.

It’s something Van Der Werff hopes Montanans will get used to as the technology improves.

“As we figure out how to do more interesting stuff, more important stuff with these systems, there’s going to be more of them there. So hopefully people can get used to seeing them. And it’s not always a bad thing. In fact, a lot of the things we’re doing are really good,” Van Der Werff said.

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As a meteorologist for the National Weather Service in Glasgow, Patrick Gilchrist says his agency periodically fields calls about strange balloon sightings, particularly in the wake of the Chinese spy balloon flight last year.

“Certainly, it’s drawn attention to weather balloons and to what’s going on there. We’ve gotten some questions,” said Gilchrist in a video call Tuesday.

Dozens of commenters on social media speculated that this latest balloon sighting was a National Weather Service balloon, but Gilchrist said his agency’s balloons are smaller.

“Ours are designed to go from the service of the Earth up to about 100,000 feet, sample what that is, then they burst. Then they fall to the Earth and they’re done with them basically,” Gilchrist said.

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National Weather Service Glasgow

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A meteorologist at the National Weather Service in Glasgow releases a weather balloon.

NWS launches at least two weather balloons daily from both Glasgow and Great Falls, usually around 5 a.m. and 5 p.m. The balloons provide the data that drive their forecasts.

“We’ve seen some of these balloons drift through from time to time, but we don’t think a whole lot of them,” added Gilchrist.





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6 teenage baseball players charged as adults in South Dakota rape case take plea deals

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6 teenage baseball players charged as adults in South Dakota rape case take plea deals


RAPID CITY, S.D. (AP) — Six teenage players from a South Dakota American Legion baseball team who were charged as adults in a rape case last summer have reached plea deals.

Three players from the Mitchell-based team pleaded guilty last month to being an accessory to a felony, and three others entered the same plea Monday, KELO-TV reported. All six players could face up to five years in prison at sentencing next month.

Attorneys from both sides declined to discuss the case.

The players, who were 17 to 19 years old when a grand jury indicted them, were originally charged with second-degree rape and aiding and abetting second-degree rape.

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South Dakota law requires minors ages 16 and older who are charged with such felonies to be tried as adults, although the minors can attempt to have their cases moved to juvenile court, prosecutors said.

According to prosecutors, the victims were 16 when they were sexually assaulted during a tournament in Rapid City last June.

Another three players were charged in juvenile court, but details of their cases are not made public.



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