“We are always promoting that our state is open to business, but we don’t want that business.”
By John Hult, South Dakota Searchlight
The Senate of the state has passed the original version, which is stricter, to ban the readily available “diet weed”, which induces highs that are similar to marijuana.
House Bill 1125 was originally intended to target a broad range of products. The gummies and vape pens can be made using high concentrations or synthetic versions of the psychoactive chemical present in industrial hemp in tiny amounts.
Chemical concoctions is an unexpected outcome of the federal legalization of industrial hemp. By extension, the federal legality for the natural intoxicants also made their use in high concentrations legal. However, the Drug Enforcement Administration has raised questions about the legality in lab-grown versions.
As it progressed through the legislative process, HB 1125 changed its mind about which products were covered.
Rep. Brian Mulder (R-Sioux Falls) moved his bill in its original form through the House Health and Human Services Committee, but it was modified on the House Floor to only target products made from lab-grown chemicals that are sold under the names THC-O.
Rep. Oren lesmeister, D-Parade told his colleagues that a ban of products containing naturally occurring chemicals will hurt both small business owners and hemp farmers. This change would allow products with names such as Delta-8 or Delta-10 to be sold.
The House unanimously passed HB 1125 after Lesmeister’s amendement.
Last week, the Senate Health and Human Services Committee made another change. Sen. Brent Hoffman (R-Sioux Falls) successfully proposed an amendement that put the language of Mulder’s hoped-for prohibition right back to where it was before Mulder introduced it.
Ryan Maher (R-Isabel) tried to push the Lesmeister Amendment on the Senate Floor on Monday. However, he did not see any of Lesmeister’s successes.
Maher stated that the ban could lead to a flood of products flooding South Dakota streets in spring, as retailers try to get rid of their soon-to be illegal inventory. Maher also cited the ease of access to Delta-8 products on the internet, as well as the investments that smoke shop owners have made in South Dakota.
Maher stated that “we always want to promote that our state has a business-friendly environment, but we may not like the business.”
Maher’s amendement failed. Erin Tobin (R-Winner) echoed the sentiments of several other opponents to the amendment with her remarks.
Tobin: “If you believe that you should be allowed to buy psychoactive products in a gas station, even if the state does not have recreational marijuana laws, then I say vote for this Amendment.”
The Isabel senator voted the only time against HB 1125, just moments after Maher’s amendement failed in a voice vote.
The bill will be sent to a conference panel to reconcile with the version approved by the House.
This article was originally published by South Dakota Searchlight.
Image courtesy of Kimberly Lawson.
The article South Dakota Senate passes strict ban on Delta-8 THC and other intoxicating hemp products first appeared on Marijuana Moment.
