AG alters stand on South Dakotans using tribal medical marijuana cards
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The South Dakota attorney general made a U-turn this week on the validity of tribal medical marijuana ID cards for non-tribal members.
Two days after telling the Argus leader that South Dakota’s new medical marijuana law means law enforcement must accept medical marijuana IDs from the Flandreau Santee Sioux Tribe, regardless of the tribal status of anyone in possession of 3 ounces or less cannabis was found – a conflict with police protocols adopted by the South Dakota Highway Patrol – the attorney general changed its position in a press release on Friday.
“Contrary to current media reports, the attorney general’s office agrees to the framework of the South Dakota Highway Patrol to implement the initiated measure 26,” said Tim Bormann, chief of staff to attorney general Jason Ravnsborg.
While the tribe’s sovereignty is respected, it goes on to say that the Flandreau Tribe’s medical marijuana program does not provide protection from arrest for anyone who is not enrolled in the tribe.
The attorney general’s office also notes that recommendations for media cannabis use by doctors outside of the state also fall short of standards in Initiated Measure 26, the voter-approved medical marijuana law that went into effect last week.
But the attorney general’s office didn’t tell the Argus leader that less than 48 hours earlier. On Wednesday evening, Bormann said in an email that until this fall, when the state sets its rules for the Department of Health’s medical marijuana program, authorities would have no choice but to have non-resident medical marijuana ID cards regardless of where their owners reside to honor.
“At this point, it appears that South Dakota law enforcement would have to accept a tribal issued card as SDCL 34-20G-40 states that ‘until 25 days after the [Department of Health] provides applications, a valid written certificate that was issued within the previous year counts as a registration card for a qualified patient, ‘”wrote Bormann.
He did not respond to follow-up questions sent Wednesday night.
While the Flandreau Santee Sioux tribe opposes the reverse attorney general position, the tribe’s attorney general Seth Pearman said between a tribal card and a recommendation to use medicinal cannabis through a medical provider, South Dakotans have the cannabis through the tribe’s pharmacy in Moody County, adequate legal protection from arrest and charge.
“The tribal card itself may not be recognized by the state, but the underlying medical recommendation is sufficient as a ‘temporary registration card’ according to SDCL § 34-20G-40 and will serve as the basis for an affirmative defense against criminal prosecution SDCL § 34-20G- 51, “said Pearman.
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