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South Dakota Lawmakers Reject Effort To Ban Flavorings In Medical Marijuana Products

November 9, 2023 by Marijuana Moment


The rule would’ve prohibited the use of “noncannabi terpenes”, natural and synthetic aromatic chemicals that are used to flavor products, in all cannabis products other than tinctures


By John Hult, South Dakota Searchlight

On Tuesday, South Dakota lawmakers rejected a proposal to ban the flavoring of marijuana edibles and vapor products.

The rule would have required cannabis manufacturers to test both the marijuana inside the pre-rolls, also known as “joints”, and the paper used to make them.

The rules were included in a 31-page proposal for changes made to South Dakota’s Medical Marijuana Program , which was considered the Interim Rules Review Committee of the Legislature.

In 2020, voters approved a ballot measure that legalized cannabis in certain circumstances. According to the South Dakota Department of Health, as of October 23, 12,325 South Dakota residents had medical marijuana cards.


Pot vendors: Flavors ban too broad

Tamarah Lee, Medical Marijuana Director, told legislators that non-cannabis ingredients are dangerous to patients. Lee referred to a white paper 2020 from the Oregon Liquor Control Commission which regulates cannabis products in this state. The document described the dangers associated with artificial or natural flavors that are not cannabin-based for vaping products.

The study cited serious side effects of vaping heated cannabis oil.

Lee told that inhaling the stuff was bad for your lungs. We just want to make sure we’re extra safe.

The rule would not have allowed the use of “noncannabi terpenes”, which are aromatic natural and synthetic chemicals that are used to flavor cannabis products, except for tinctures. Tinctures are liquids consumed by putting drops on the lips. The rule allowed for flavoring as long as the terpenes were from cannabis plants.

Cannabis industry representatives expressed their displeasure, pointing out that terpenes were widely used in many medicines and products used by adults and kids who have never used cannabis.

Tyler Koehne, of KTTK LLC, a manufacturer in Rapid City, says that many of the compounds used for flavoring pot gummies, vitamins, and other products are also found in these products.

Koehne stated that “we eat flavored products every day.”

Koehne stated that even flavors such as coconut oil or sugar would be prohibited under the new rules. Koehne, along with other cannabis industry representatives, acknowledged the dangers associated with untested additives used in vape products. However they said that banning flavors from all products except tinctures would “kill an entire category” of products for people who do not like the taste of marijuana or don’t smoke it.

Koehne asked, “Why do we ban it on all products if Oregon has banned it inhalables?”

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The pre-roll test rule is nixed

Lee argues that certain papers are harmful to health.

Pre-rolls were exempted from the current rule that requires cannabis products to undergo testing in their “final forms”. This allowed manufacturers to test out the product before it is rolled into a joint.

Rep. Jean Hunhoff, R-Yankton, wanted to know if papers used to roll your own cigarettes were similar to the ones used to roll cannabis. Koehne said that there is a variety of papers and he would rather choose the tested ones and vet them than do his own testing.

Hunhoff asked Lee the same question: Are cigarette papers and pot papers the exact same thing?

“I don’t even use it, so I can’t tell you 100 percent,” said Lee in reference to Hunhoff, who admitted to not having any personal experience with cannabis, its flavors, or paper types. “I understand that it’s different, but I can’t swear by that.”

Jim Mehlhaff, R-Pierre, moved to strike down the rule changes on pre-roll and flavoring testing. He said he had been swayed from the arguments made by the cannabis industry. He said that the requirement to test both the paper and the pot separately for pre-rolls “seems somewhat inefficient”.

He said that the Health Department’s concern about flavors in general is not compatible with the exemption for tinctures from the rule against flavoring.

Mehlhaff stated, “It appears that we have a contradiction in the sense that they are allowed to be consumed in these tinctures but not in any other edible products.”

The committee then voted to strike these two provisions and agreed to pass the rest of the rules.



This article was originally published by South Dakota Searchlight.


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Photo by Brian Shamblen.

The post South Dakota Legislators Reject Efforts To Ban Flavorings in Medical Marijuana Products first appeared on Marijuana Moment.

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