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Law banning sale of some near-pot products takes effect, but won’t prevent every legal high • South Dakota Searchlight

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Law banning sale of some near-pot products takes effect, but won’t prevent every legal high • South Dakota Searchlight


As of today, several varieties of intoxicating hemp products are illegal to sell or produce in the state of South Dakota.

That doesn’t necessarily put them out of reach for South Dakotans. 

It also doesn’t mean death for the market in alternative intoxicants that’s emerged across South Dakota and the nation in part thanks to a loophole in the 2018 federal farm bill, which legalized hemp.

‘Fake weed’ ban will take effect Monday as lawsuit against it proceeds

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Even if all the products now banned through the actions of the South Dakota Legislature last winter are pulled from store shelves in the state – an open question as the law takes effect – buyers can purchase them online with little fear of repercussion, as their possession isn’t prohibited through the new law. 

The law targets synthetically produced delta-8, delta-9, delta-10, THC-O, THC-P and HHC. Each are chemical cousins of delta-9 tetrahydrocannabinol, or THC, the high-inducing compound in cannabis flowers. 

Sellers or producers of the hemp-derived products could be charged with a class 2 misdemeanor – the lowest-level crime in the state, punishable by up to 30 days in jail.

But the testing necessary to prove any product violates the law has limits and requires wait times for local law enforcement. The state’s largest policing agencies have no immediate plans to prioritize enforcement.

That puts the onus on retailers to follow a law that would cut into revenues or force them out of business.

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A federal lawsuit from Pierre-based Hemp Quarters 605 is also in play. The company attempted to block the new law as an unconstitutional overreach that interferes with the interstate commerce permitted under the federal farm bill. But U.S. District Judge Eric Schulte declined to issue a preliminary injunction. 

Even without the injunction, though, the company’s lawsuit will proceed and could eventually upend the law.

Caleb Rose of Rapid City owns Black Hills Vapors and recently founded a trade group called South Dakota Retailers for Better Alternatives to advocate for stores that sell hemp-derived products. 

Rose said he planned to pull the targeted products from the shelves of his West River stores, but the lack of certainty could mean other retailers opt to ignore the new law.

“I think everybody in town and everybody in the state is going to have to make their own calls and consult their lawyers on what they want to do,” Rose said.

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Testing complications

Questions of enforcement are tied to product testing. A can of gummies on a retailer’s shelf might say “delta-8,” but prosecutors would have to prove the product is illegal beyond a reasonable doubt. 

Doing that requires testing, which for the newly illegal substances involves a waiting period for local officers and prosecutors. There are field tests for some felony-level narcotics like methamphetamine, and some agencies can test for the presence of the active ingredient in traditional cannabis, but there are no such tests for products like hemp-derived gummies or delta-8 vape pens. For those, police would rely on the state Department of Health lab.

That lab can distinguish between delta-8, delta-9 and delta-10 THC, according to spokesperson Tia Kafka.

But there is no test that can show with certainty that the chemicals present in any particular product are naturally or synthetically derived. To run afoul of the new law, the offending chemical must have been altered from its original state. In theory, products with high levels of the chemicals would be legal if they were naturally derived.

Kafka said that shouldn’t prevent police from making a call on enforcement. Delta-8 is only found in small amounts naturally, so Kafka said high levels of those compounds would be enough to show that they’ve been modified and are therefore illegal to sell.

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Even if a product claims to contain unaltered, unadulterated delta-8, Kafka wrote that testing can help triangulate an intoxicant’s origin.

Products with synthetically produced hemp chemicals “often have contaminants from the chemical reaction which can be an indicator that a product is not 100% natural,” Kafka said.

The legalization of hemp and medical marijuana has already slowed the pace of cannabis testing at the state lab, though. In 2020, the state conducted 807 tests for cannabis. Last year, the lab did 99.

“Following legalization of industrial hemp and medical cannabis, state laws changed significantly leading to reduced cannabis testing,” she said. 

Law enforcement awaits guidance

It’s unclear if the new law will spur more law enforcement interest in lab testing, but agencies have given no indication that enforcement will become a priority. 

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Decisions on enforcement come at the local level, Attorney General Marty Jackley said. 

There are no plans to push for investigations of shops or hemp products from the state level just because they’re sold in hundreds of stores, he said.

South Dakota Attorney General Marty Jackley and Moody County Sheriff Troy Wellman speak to reporters after a hearing in Flandreau on June 20, 2024. (John Hult/South Dakota Searchlight)

No business can be searched or spot-checked for compliance with the law without probable cause and a warrant, he said.

“What I can tell you is the Legislature took certain action. They made certain conduct illegal,” Jackley said. “Law enforcement’s job is to enforce that. We don’t do anything special with respect to that.”

In the Hemp Quarters 605 lawsuit, court records show that the Hughes County State’s Attorney’s Office does not intend to immediately prosecute the company’s owners for violations of the new law.

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Sioux Falls Police Department spokesperson Sam Clemens said his agency awaits guidance from the Minnehaha County State Attorney’s Office on what kinds of enforcement actions it might need to take to enforce the new misdemeanor. 

Minnehaha County State’s Attorney Daniel Haggar has not offered guidance on enforcement, though. He told South Dakota Searchlight that his office will evaluate any cases brought by police to determine if prosecutions are necessary.

Katy Urban, spokesperson for the Pennington County State’s Attorney’s Office, offered a similar response by email. She wrote that prosecutors in Rapid City will consider the merits of any case presented to them by police agencies.

Rapid City Police Department spokesperson Brendyn Medina, meanwhile, said his agency awaits enforcement guidance from the Pennington County State’s Attorney’s Office.

Ex-trooper, now a cannabis grower, wants answers on fake weed inaction

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Even if law enforcement were to doggedly investigate the sale of newly illegal products, plenty of other avenues for a legal high remain, both for sellers and users.

Other non-hemp products include kratom, kava and magic mushroom hallucinogens, the latter of which are produced with different mushrooms from the federally illegal fungus psilocybin. Some classes of non-alcoholic, hemp-derived beverages, available in bars, restaurants and grocery stores around the state, will also remain available. 

Joshua Williston manages a Chasing Clouds vape and smoke shop in Sioux Falls, and said late last week he’d remove the now-banned products from the shelf by July 1. Chasing Clouds is a chain store, and he said anything unsold and illegal today will be shipped off for sale in states without a ban.

Williston expects customers who relied on those products will either get medical marijuana cards, buy recreational marijuana on the black market or find other ways to get high.

“It’s probably going to slow business down, but it ain’t gonna stop,” Williston said. “It’ll pick back up in other areas, because once it’s no longer an option, people will just find other things to substitute it with.”

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Sponsor: Federal fix needed

Rep. Brian Mulder, R-Sioux Falls, was the new law’s prime sponsor. He told South Dakota Searchlight he understands his bill’s practical limitations, but that he’s hopeful most retailers will reduce the supply of near-pot intoxicants by complying with the law.

He’s also hopeful because of ongoing discussions in Washington, D.C., about the next federal farm bill. Congress has debated the next version of that bill for more than a year, and a provision added by the U.S. House Agriculture Committee in May aims to close the loophole that created the market by drawing a legal distinction between hemp grown for chemical extraction and hemp grown to produce things like food or fiber.

Rep. Brian Mulder, R-Sioux Falls, speaks on the House floor on Jan. 17, 2024. (Makenzie Huber/South Dakota Searchlight)
Rep. Brian Mulder, R-Sioux Falls, speaks on the House floor on Jan. 17, 2024. (Makenzie Huber/South Dakota Searchlight)

Congress has already extended its deadline for passage of the farm bill once. The deadline for passage is now September.

“However quickly that could go into law, it might be moot here in South Dakota for us to try to address anything else,” Mulder said. 

Requests for comment sent to all three members of South Dakota’s congressional delegation on the farm bill and hemp went unanswered.

Mulder, who works with an organization called Volunteers of America that offers chemical dependency services, said lawmakers in South Dakota want to do what he thinks the federal government meant to do with the 2018 farm bill. 

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The feds didn’t mean to legalize weed with a loophole, he said. 

“We were trying to deliver something that was the true intent of the 2018 farm bill, where hemp products were being sold for fiber, fabrics, building materials and some of the therapeutics made with CBD,” he said. 

 

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South Dakota

South Dakota youth participate in rangeland and soils education

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South Dakota youth participate in rangeland and soils education


WATERTOWN, S.D. — With a history of giving students hands-on experiences on rangeland and soils education, the 40th annual rangelands and 19th annual soils days for youth was held June 12-13 in Watertown, South Dakota.

SDSU Extension, Codington Conservation District and the USDA Natural Resources Conservation Service of South Dakota cohosted the event, which provided youth ages 8 to 18 with hands-on education in rangeland and soils. To participate, youth were given the options to create educational displays on range-related topics, give speeches and compete in rangeland and soil judging.

Krista Ehlert, assistant professor and range specialist for SDSU Extension, believes that providing these kinds of educational experiences is an investment for the future.

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Krista Ehlert, assistant professor and range specialist for SDSU Extension.

Contributed / SDSU Extension

“I actually had one of the producers that I work with tell me, ‘If you want to invest in the future, invest in a youth; invest in a child,’ and I think that’s really true,” she said. “That’s something that we achieve through rangeland and soils days, is investing in our future.”

There were around 110 students participating this year, up from around 75 the previous year. Ehlert said that the event changes locations every two years to accommodate for travel between both East River and West River students.

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RangelandsandSoils

A student display on managing rangelands without herbicide at the 2024 Youth Rangeland and Soils Days held June 12-13 in Watertown, South Dakota.

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“We increased our student numbers this year, so we’re really happy about that and we’ll see what we get next year,” Ehlert said. “We hope that we put it on in such a way that people don’t mind traveling, and feel like it’s worth it, no matter where it is.”

Students spend time in the field learning about rangelands and soils to prepare for the contest on the first day and then student displays and speeches are presented in the evening. The rangeland and soil judging contests start the morning of the second day.

Rangeland has four age divisions including new rangers for ages 8 to 10, wranglers for ages 8 to 11, scouts for ages 14 to18 and go-getters which are also for ages 14 to18. Each division judges habitat suitability for beef cattle and prairie grouse, in addition to learning plant identification and morphology.

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Youth ages 14 to 18 are also given the option to compete in the land and homesite contest which provides an opportunity to learn more in-depth about soil texture and type, factors that limit soil health, and how to determine land capability with management recommendations. The homesite evaluation contest teaches how to determine the suitability of sites for building foundations, lawns and landscaping, septic systems and sewage lagoons.

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Lance Howe, soil scientist for the Natural Resource Conservation Service based out of Redfield, South Dakota.

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Lance Howe, soil scientist for the Natural Resource Conservation Service based out of Redfield, South Dakota, coordinates the land and homesite contest and has a long history of helping with the rangeland and soils days, having assisted with the event since 1999.

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Howe feels rangelands and soils days help students learn about different career paths and the environment.

“This is all about giving students an opportunity to see career opportunities and what’s involved with them,” he said. “It’s really about teaching the students why the environment is important and resources of the soils and range of plants, but it’s also about them learning the different career opportunities out there to help our positions down the road.”

Landon Wolter, a rangeland management specialist with the Natural Resource Conservation Service Soil and Plant Division based out of the South Dakota Soil Survey Office in Redfield, South Dakota, got a taste for his future career by attending the rangeland and soils days each year while he was a student.

RangelandandSoilsDays

Hadley Dotts, SDSU graduate student, teaches the students about plant identification at the 2024 Youth Rangeland and Soils Days held June 12-13 in Watertown, South Dakota.

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Growing up in Wessington Springs, South Dakota, Wolter was heavily involved in 4-H and FFA. After attending his first rangeland and soils days as a freshman in high school, Wolter earned spots on the state teams and saw success competing at the national level. He then went on to attend South Dakota State University, earning a degree in ecology and environmental science with a specialization in rangeland management.

Wolter is now continuing his involvement with the rangeland and soils days by setting up sites for both contests and practices this year and credits opportunities like this for providing with him practical skills needed for his future.

“You’re getting kids to think about managing those natural resources, thinking about what impacts we have on the system, how we can alter the system both negatively and positively and the impact of our management decisions,” he said. “I think that’s something that’s extremely relevant for students to see even if they’re not from an agricultural background, it has implications for them.”

Kennedy is a reporter for Agweek based out of South Dakota. She grew up on an organic crop farm where her family also raises cattle in eastern South Dakota. She graduated from South Dakota State University in 2023 with a major in agricultural communication and minor in agricultural business. She enjoys connecting with producers and agribusinesses across the region while reporting on all things agriculture.

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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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South Dakota

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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