By Dave Baumeister, County Correspondent
SIOUX FALLS – For the second week in a row, medical marijuana was a topic at the Minnehaha County Commission meeting, but this time commissioners definitely took an action.
And while that action was not overly definitive, it seemed to be as much as they could do while they wait for guidelines from the state.
This Tuesday, May 25, the commission voted unanimously to join with Lincoln County and the City of Sioux Falls, and give Chairman Dean Karsky authority to appoint two commissioners to what is, literally, a “joint” task force with those other two governing bodies.
All of this is in answer to the almost 70% of South Dakotans who approved Initiated Measure 26 last November.
That measure approves the use of marijuana for medicinal use in the state, beginning July 1.
And while the state legislature was supposed to have rules in place by that time, they have, so far, failed to do so.
As commissioners learned last week from Deputy State’s Attorney Eric Bogue, local governments are in a precarious situation.
While there needs to be rules in place, anything a county or municipality establishes could possibly be overturned by state legislative action prior to the Oct. 29 deadline called for in IM 26.
Last week, while no action was taken, the consensus of the commission was to “pause” until legislators put their rules in place. However, they did ask Bogue to draft a resolution.
And that is what Bogue had this week, which was unanimously adopted.
The resolution is for the two county commissioners to join with Lincoln County and Sioux Falls, and to report their findings back by July 31.
Bogue reported that the Lincoln County Planning Commission is already in the process of establishing rules, until state regulations are put in place.
The city of Sioux Falls met in a work session, also this Tuesday, to look at their own situation for establishing dispensaries and rules.
But despite having to wait on state action, all three main governing bodies in the greater Sioux Falls area seem to be on board for moving ahead to develop a “regional approach for purposes of uniformity and consistency.”
At the May 18 Minnehaha County Commission meeting, Bogue first brought up the issue of what to do regarding medicinal marijuana.
At that meeting, Bogue pointed out that the state – and all local governments – were up against that Oct. 29 deadline established in IM 26.
While the measure reads that medicinal marijuana becomes legal in South Dakota as of July 1, it also leaves the methods of implementing it up to the state, and if those aren’t set in place by the state, provisions of IM 26 still go into effect no later than Oct. 29, 2021.
Bogue said, “IM 26 clearly states local governments cannot prohibit dispensaries.”
And that in absence of state regulations being in place, rules of municipalities would be the only things regulating marijuana sales.
The “Catch-22” in all of this is that if local bodies enact rules now, the state legislature can still meet in special session and, possibly, upend those rules.
This was on the minds of commissioners at the meeting.
Jean Bender and Cindy Heiberger both talked about enacting a “pause” for state rules to be put into place.
Commission chair Dean Karsky seemed to agree with that idea, but he also said, “I think we should get somewhat ahead of the game.”
Bogue himself said that doing nothing and just waiting for state action was a possible option.
“But I wouldn’t recommend that,” he advised the commission.
In referring to future measures, Commissioner Jeff Barth was the most vocal that the county should act.
He was not fond of the state “kicking the can down the road,” in March, and he believed the county should be proactive in its response.
“The South Dakota state motto is ‘Under God, the people rule,’ and the people have already spoken to this when they passed IM 26,” Barth said.
“So now we may be in a situation where we either pass laws or let everyone sell (marijuana).”
With state inaction, Barth added that regulations fall on local governments.
“If we refuse to do our job, and the state refused to do their job, it is up to the people!”
Some of those rules involved what kind of prescription card people need to buy marijuana for medicinal purposes, as well as where it can be sold.
The municipalities and counties do have regulations in place for selling alcohol, but they don’t apply here.
For example, while alcohol cannot be sold in certain proximities to schools, in absence of rules to the contrary, medicinal marijuana could be sold at any pharmacy, and there are currently no regulations as to where pharmacies can be established.
Regarding prescription cards, regulations also need to be established to define those documents, otherwise the door is opened for any type of documentation.
Bogue said that IM 26 does firmly establish that as of July 1, possession of marijuana for medicinal purposes will be legal in South Dakota, and since there are no specifics from Pierre, he didn’t believe the Minnehaha County States Attorney’s office would be prosecuting anyone for possessing small amounts of marijuana (three ounces or less).
Also, in absence of established dispensaries, IM 26 makes allowances for home cultivation of up to three cannabis plants.
Equestrian center
In the past few months, the Minnehaha County Commission has heard from the Cedar Ridge Planned Development three times for proposed zoning changes to their development.
Last month, the Planning and Zoning Board voted 6-1 to deny the latest Cedar Ridge change.
The development area is located northeast of Renner at SD Highway 115 and 257th St.
The original plan called for individual lots to be developed around an equestrian facility, and that later came back to have three of the parcels combined into one parcel, and that was approved.
However, that sale fell through, according to the engineer, and they had to return to get that re-approved for three single lots.
Planning Director Scott Anderson said that the board was not so much against these plans, as it was against the constant changes, and that is why the petition was voted down.
So, this was then appealed to the entire county commission for the “official word.”
While commissioners made it clear that they did not want to see Cedar Ridge back again for more changes, they did unanimously agree to overrule the planning and zoning commission and grant the changes in the petition.
The next meeting of the county commission will be on Tuesday, June 1, at 9 a.m. on the second floor of the Minnehaha County Administration Building at 6th and Minnesota in Sioux Falls.
Although social distancing is still taking place, more seats have been added to the commission meeting room for the public.
Public comment is always encouraged at each meeting.
