Are you ready to go to war over South Dakota’s rejection of federal law on industrial hemp? The Staple and Spice Market in Rapid City has a test case for you.
Pennington County may be one of South Dakota’s CBD oil havens, but not if that oil has THC in it. Rapid City cops and Pennington County deputies raided Carol Pugh’s St. Joseph/Rushmore Road shop Thursday afternoon, flashed a warrant, and hauled away $3,000 worth of Plus CBD Oil products—without paying. The cops arrested no one, but 30-year Air Force veteran Pugh doesn’t take kindly to police taking her property:
Pugh also said she feels the seizure goes against the Republican value of freedom. “I’m not sure that’s where we’re going with this” [Arielle Zionts, “Police Say Anonymous Top Led to CBD Oil Raid at Health-Food Store,” Rapid City Journal, updated 2019.05.25].
The cops say the products they seized contains THC, the doperific chemical that makes marijuana such fun (or so I hear but plan never to test). Pugh says she knew about the THC content, but says it’s well below the amount allowed by federal law:
“We did confer with CV Sciences yesterday, the gold product does have .03% THC in it, that’s a trace amount, the legal limit is .3% in all 50 states,” says Carol Pugh the owner of Staple & Spice Market [Meredith James, “Police Seize CBD Oil from Rapid City Business,” 2019.05.24].
Pugh says she checked with sensible Pennington County State’s Attorney Mark Vargo and sought his o.k., but Vargo says hold that phone:
“I have not endorsed or given anyone an indication to which brands of CBD oil may in fact be legal. She may be reffering to the fact that I had indicated CBD oils, if that’s all they were, were legal, but I’m not sure what she’s talking about in terms of specific brand clearance,” says Vargo.
Vargo says no matter the percentage of THC, under South Dakota state law, it’s illegal. He says if someone knows about the levels of THC and continues to sell, legal actions would be taken.
“In the instance where somebody sold something, they thought there was no THC in it, turns out that there was THC in it, we would still have to prove that they did so knowingly before we could bring a criminal charge,” says Vargo [link added; James, 2019.05.24].
Pugh sounds like she is knowingly asking for a fight:
“I think I’m in a gray area,” Pugh said.
She said her 30 years in the Air Force taught her that “if there’s a gray area, I’m going to stand for that.” “The people want this product and I’m willing to put my reputation and my store’s reputation on the line” [Zionts, 2019.05.25].
South Dakota Attorney General Jason Ravnsborg (hmmm… I wonder what he’s more afraid of, hemp or Governor Noem?) sends his chief of staff to tell RCJ that his office had nothing to do with the raid and “won’t be prosecuting the case.” Pugh will be sorry to hear that, because Ravnsborg’s involvement in any court case increases the chances of the other side’s victory by 50%.
Federal law, as revised by the Farm Bill that Kristi Noem was proud to vote for in 2018, says Carol Pugh can possess and sell products with 0.03% THC. Local law enforcement just took away such federally legalized products from Carol Pugh. Let’s have it out: can South Dakota seize such products and prosecute Carol Pugh for providing her customers with a product they can legally obtain in much of the rest of the United States of America?
Related Reading (added 15:37 MDT): The Rapid City Police Department issued this explanation of its action against Staple and Spice:
Following an investigation into the THC content (the active and illegal chemical found in marijuana) of CBD products being sold by a local retailer, local law enforcement has seized a number of these products from the business located at 601 Mount Rushmore Road.
In recent weeks, several products from the store were submitted for drug analysis by the RCPD forensic laboratory. These products returned positive results for measurable amounts of THC content. The product lines testing positive for THC were seized from the retailer by the Unified Narcotics Enforcement Taskforce on the afternoon of May 23rd. UNET is an interagency drug taskforce comprised of law enforcement officers from the RCPD, Pennington County Sheriff’s Office, and South Dakota Division of Criminal Investigations.
South Dakota law enforcement agencies have received clear communication from the South Dakota Attorney General’s Office that CBD products are illegal under state law, however, the Pennington County States Attorney’s Office has made it clear they do not intend to prosecute any enforcement action taken in relation to CBD products. RCPD staff have been advised not to take enforcement action on CBD products until this issue is resolved, however, both the Attorney General and Pennington County States Attorney’s Office have upheld that products containing THC are clearly illegal under South Dakota state law.
“We recognize confusion exists regarding CBD products,” says RCPD Chief of Police Karl Jegeris. “However, we have the responsibility to take enforcement action regarding illegal drug distribution in our community, including products that contain THC.”
At this time, no arrests have been made in connection with the May 23rd warrant execution and product seizure, however, the case will be forwarded to the Pennington County States Attorney’s Office for review of charges. As this is potentially pending prosecution, any further inquiries into the warrant execution will be referred to the Pennington County States Attorney’s office for comment [Rapid City Police Department, “Inter-Agency Drug Task Force Seizes Products Containing the Illegal Chemical THC,” 2019.05.24].
Hmmm… the Unified Narcotics Enforcement Taskforce is comprised of Rapid City Police, Pennington County Sheriff’s Department, and the DCI, yet Attorney General Ravnsborg says (through his chief of staff Bormann, to RCJ’s Zionts) that DCI “wasn’t involved with the investigation, search warrant or seizure….” Does Ravnsborg really know whether DCI was involved or not?
Has “The Man” confiscated your MEDICAL CBD oil? No worries. Kratom is still fully legal in SD.
~ Kratom has been known to help treat serious pain in individuals who are suffering from serious medical conditions. It is also becoming more and more celebrated for its ability to curb withdrawal symptoms of opioid addiction; people turn to kratom as an alternative to opioids, or to help wean them off their current medication. If you think this amazing plant could help you, buy kratom in Rapid City from Original Harvest today!
https://www.originalharvestkratom.com/kratom-for-sale/buy-kratom-south-dakota/buy-kratom-rapid-city/
Gray area? Yeah, Pugh must have been late in her Republican Party campaign donation. That’s the only gray area they care about.
Really, this is nuts. There’s one law for the elite and one law for youse guys. The gold mines leaked at levels an order of magnitude over the federal limit, and the CBD oil is listed as an order of magnitude below the federal limit. They never confiscated the gold.
More foolishness from official South Dakota. No wonder it’s a failing state.
MAINSTREAM MARIJUANA … The Denver Post
All Colorado doctors will soon be able to recommend medical marijuana to treat any condition they have been prescribing painkillers for.
Gov. Jared Polis on Thursday signed Senate Bill 13, bipartisan legislation that easily passed through the General Assembly.
PS … Remember Jason? My phraseology software says he’s posting on the junior blog as Odin. Where did T. Camp go? Hmmmmm?
For more than four years former putative Bennett County State’s Attorney and tax felon (weekends in prison, reduced to probation) prosecuted alleged criminals in Bennett County while himself failing to meet the state statutory residency requirement, with the full knowledge of the State Bar, the Governor, and the last AG. Dirty lawyers dirty the law. Selective enforcement suppresses those who are not party loyalists, rewards those who are and, like parades, puts on a great show for the voting public. Little Billy can now walk to soccer practice safe from witnessing poverty in panhandlers or alternatives to unaffordable health care, enjoying that frisson of righteousness that makes the west go round. I have not yet read the article on where the “tip” originated but it would not surprise me a bit if it were with Black Hills Patrol, Ken Orrock’s “security” business, for which he also lacks a license.
I’m sure glad there’s a task force taking care of this. The amount of people who would be harmed by this surely justifies that expense.
One clarification. The 2018 Farm Bill allows for THC level of .3% not .03%.
I read about this yesterday, and I think my brains leaked out of my head.
The governor and every one else in this state continually pounding the table with “meth epidemic” “meth epidemic” “meth epidemic”. I think I made the smart ass comment on the KOTA F/B page about this story that the meth epidemic must be over. Sigh
This is such a ridiculous waste of time, resources, and tax payer $$. And I have the feeling that the coppers probably think the same. Politically motivated here? oh boy, I’m sure it was.
A more productive way to have handled this would have been a UNET detective or higher up in the chain of command — have a sit down with Ms Pugh. Explain to her what their findings were and ask her to voluntarily remove the items from her shelves until people can all get on the same sheet of music about this. I’m sure that Ms Pugh would have taken sage advice like that.
Then scratch out a quick report, and get back on the road quickly to deal with serious drugs and drug related crimes that are impacting South Dakotans. As it happened, this took a trip into the store, buy some of the products, take them back to be tested, write/detail a search warrant affidavit, have it reviewed/approved by a judge — then get a team together to “raid” the store.
This was just…..insane.
The term “jack-booted thugs” comes to mind. Welcome to socialism, South Dakota.
Conservatives are Retard-Grade Hypocrites.
They claim they admire freedom in America more than everyone else while they push for law enforcement to limit freedom more than most everywhere else.
The only core value they embody is pure unadulterated hypocrisy.
Want another example? They repeatedly claim, they “want to balance the budget,” and then they immediately, and for decades now, chose to support the highest budget deficits to date.
When you talk to a conservative, never forget that you are talking to a Retard-Grade Hypocrite.
Any thoughts on what will happen when the first load of hemp fiber or seed is stopped by law enforcement in South Dakota and the test comes back with a similar level of THC? If federal law allows it and interstate commerce is being conducted can the local laws supersede?
by Robert Reich, via https://financentra.com/2019/05/22/robert-reich-why-we-must-legalize-marijuana-the-federal/ (and about a million other web reprints, by now)
Why We Must Legalize Marijuana
The federal prohibition on marijuana has been a disaster. For decades, millions of Americans have been locked up and billions of dollars have been wasted. It’s also deepened racial and economic inequality.
We must end this nonsensical prohibition.
The facts are staggering. In 2017, more Americans were arrested for marijuana possession than for murder, rape, aggravated assault and robbery combined.That’s one marijuana arrest every minute.
The costs associated with enforcing this ban – including arrests, court costs, and incarceration – reach nearly $14 billion a year.
Prohibition also hurts the economy in terms of lost wages. And Americans with criminal records have a harder time finding a job and getting the education they need.
On the other hand, legalizing, taxing, and regulating is good for the economy and creates jobs.
By simply levying a tax on marijuana like we do cigarettes and alcohol, state and local governments could raise more than $6 billion a year. This doesn’t even include additional revenue from taxes on the marijuana industry.
States like Colorado and Washington that tax and regulate marijuana have already generated millions of dollarsfor health care, education,and other public investments.
But this is more than an economic issue. It’s also a matter of racial justice and equality.
The federal prohibition on marijuana dates back to anti-Mexican sentimentin the 1930s. In large part, it was nothing more than another way to criminalize communities of color.
Today, black and brown Americans are still much more likely to be arrested for marijuana than white Americans, despite using marijuana at similar rates.
Given the racist legacy of these laws, it’s particularly important that the economic gains of legalization extend to communities that have been most harmed by the war on drugs.
Support for marijuana legalization has surged in recent years, with two-thirds of Americans now in favor of it. Even a majority of Republicans are in support, and more states are taking action to reform their laws and move toward legalization.
Yet Donald Trump and his administration are trying to turn back the clock. They’ve even formed a task force to weaken public support for legalization and help spread misinformation about so-called“marijuana threats.”
Just as with the prohibition on alcohol in the 1920s, the federal prohibition of marijuana has been unnecessarily cruel – wasting billions of dollars, unjustly harming millions of lives, and furthering racist policies.
It’s time to legalize marijuana.
CIRD … The first step to legalization is always the same, in every state. First comes decriminalization. If you’re discovered by the police with a little pot, the cops take it and write you a ticket for a hundred bucks. Cops always support it. Sceptics learn nothing bad happens over time. After a while legalizing just seems natural.
Since about 1985, arrests for possession or sale of “marijuana” have occurred at the rate of one every 45 seconds in the land of the free. That’s somewhere around 24,528,000 arrests of folks for either trying to feel better or trying to help other people feel better through the vehicle of a vegetable whose salient characteristic is being the most useful plant on earth.
We have tolerated outrageous lies about cannabis for 75 years. Here’s a plant about as harmful to public order as 9-year-olds selling lemonade without sales tax licenses which has been accused of having caused some aspect of every danger or actual harm to society from interracial sexual attraction to posing a danger to our own pets to being opposed to sending men with guns and armor to places they know nothing about to kill “bad guys.”
Seriously, Michelle Leonhart, a recent head door kicker of the DEA, warned Congress and us that all these edible treats procured from the hellhole of Colorado were posing a danger to pets, because, you know, cannabis-chocolate eaters can’t be depended on to take care of their pets, let alone their kids. The day she said that, DEA agents went into the wrong house in New Orleans and shot the pets of an innocent family, as a matter of course in destroying peoples’ lives over NOTHING.
Porter, does it actually have to follow that path of cynical gradual reduction?
Michelle Leonhart, a parody of a dead-eyed sociopath, said to Congress of the day a few years ago that a hemp flag flew over the Capitol, “That was the worst day of my life.”
I, for one, am mystified by what goes on in the head of someone so threatened by a piece of cloth woven from fibers used to weave things for 5000 years.
Well, it always seems to calm the transition. Change is harder for some. Here’s the current map of decriminalized places.
https://disa.com/map-of-marijuana-legality-by-state
There’s a missing 8-year old yet this is a priority of the Pennington County Sheriff Office?!
They act like a bug in search of a windshield.
The owner of Staple and Spice was a supporter of SD’s attempts at abortion laws so she lost business. Her hubs wrote an LTE in the Journal telling people they should be nicer to her and not take this so seriously.
Not enough people of color around here where they could scream” I feared for my life” then Bang into a lifeless body till the pistol is empty. Evidently local police excitement comes from hassling store owners. Sad state we live in. Now we know what happens when insane take over the asylum.
Somebody need to call Gotham and borrow a bat signal.
yawn-pot wars.
I agree the damage of drug wars is staggering. Science is the answer. That and voluntary annexation of Mexico as a dozen new states USA should administer (if trump GOP doesnt bring down the nation).
Pugh’s abortion politics are interesting. Republicans arresting republicans? Dont know her but it is a lovely liberal hippy shop. Hike to Black Elk Peak many yrs ago w hubs i believe. Nice bomber pilot. Never surprises that military indoctrinates republicans and all they touch.
2019 NIH/NIDA Science: https://www.drugabuse.gov/news-events/latest-science/brief-drug-use-disrupts-learning-mechanisms-in-brain
More 2019 pot science: https://www.drugabuse.gov/news-events/nida-notes/2019/05/cannabis-dependence-associated-changes-in-neural-circuitry-may-contribute-to-psychopathology
Leslie, I hope you’re not relating the results of your provided cocaine/mouse study to cannabis or cannabinoids – as they are very different.
Marijuana dependence is only estimated to exist in 30% of cannabis users, and is only recognized as a biological adaptation to already existing large daily doses of cannabinoids.
Marijuana dependence isn’t so much ‘created by marijuana use’ as it is ‘drug abuse by drug abusers.’
https://www.drugabuse.gov/publications/research-reports/marijuana/marijuana-addictive
Bold, unforgivable conservative hypocrisy should be the only real topic here.
I don’t know about you guys, but their hypocrisy just seems to ruin all of their credibility in every single way. They say they love freedom while they squash freedom and lock people up for longer sentences than murderers.
I don’t care if you got caught driving down the street with a trunk full of heroin, a 40 year prison sentence is ridiculous – while some murderers get out in 10.
To be more accurate, the above articles from NIH state that 9% of marijuana users become dependent and 30% of marijuana users show SOME signs of dependence in which a person feels withdrawal symptoms when not taking the drug. People who use marijuana frequently often report irritability, mood and sleep difficulties, decreased appetite, cravings, restlessness, and/or various forms of physical discomfort that peak within the first week after quitting and last up to 2 weeks.
https://www.drugabuse.gov/publications/research-reports/marijuana/marijuana-addictive
Thank for clarifying that, Porter.
These people were actually out there yelling, “Lock Her Up! “And today they chant, “Lock Them Up!” – talking about ‘the deep state.’
They want health food stores raided by swat teams for stupid ignorant faux reasons, but NEVER – oh never – can you impeach the ugliest bastard of a President this country has ever seen as, “that’s just going too far.”
The soul of conservative culture really needs to take a shower, or a bath or something – because there’s dirt all over it’s stupid face and it smells like sh!t – all of the time.
Porter reports on a pharmaceutical funded report. What else would drug company’s report negative on, but something that eats into their profits. Fakey stuff Porter. https://www.wikileaf.com/thestash/nida-cannabis-research/
The only decreased appetite would be when there is an overdose of eating too many Twinkies. Pull someone else’s leg Porter, mine is long enough.
Jerry. I don’t give validity to NIH articles. I did some research into the organization and discovered just what you state. It’s part of Big Pharma. I only relayed what they stated.
In my opinion, no one smoke pot. It may make you dependent, you may have zero side effects or some combination.
Jerry, if you go just a little further back, to what Porter and I were responding to, I think Leslie is the one you’re looking to set straight.
And even further back to the beginning. I have a friend in Arkansas who’s never used marijuana. She does use CBD oil and last week tested positive on a mandatory mouth swab drug test at her job. She contacted the testing company to get a more sophisticated test but has to pay for it herself. Hope she doesn’t lose her job.
One time, years ago, I had a weird and nearly debilitating back spasm which only got worse over the course of 4 days. A friend of mine said I should try this stuff in her cabinet. It was a cream called Nordic Goddess and i thought, “ok, what do I have to loose?”
Since that day, I only use the word MIRACLE to describe the full relaxation of the muscle spasm and subsequent pain relief within only 5 minutes.
In all the sports I played as a youngster, I had NEVER used a topical cream that did any sort of significant thing for my muscles underneath, until that one, and it worked like nothing short of a real life miracle.
I did not get stoned – at all – only experienced a complete and permanent stoppage of the localized pain due to successful treatment.
I haven’t had a muscle spasm problem since, but if I had been drug tested within a month of using that product – people would think I “must be a stoner” and “should probably be fired.”
If ANYONE EVER experienced the immediate pain relief I did, cannabis would be legal. If we could strap conservatives down for 20 min – force them to sit and pay attention to how a person’s seizures subside when given cannabinoids, it might help, but they are such ignorant fools that it may be true that absolutely nothing can help their regarded asses.
Debbo, is that LTE online? Can you point us toward info on Pugh’s previous activism? It would be interesting to compare Pugh’s application of Republican small-government impulses in various situations.
I don’t know Cory. I just remember that it caused a fairly big stink. She had a big sign in her shop window which drew a lot of attention at that busy intersection. I was one of the many who quit shopping there.
I’d say it was a disorganized boycott. No one really planned or called for a boycott. It was more like many of us coming to the same conclusion at the same time.
Interesting, Debbo. Please don’t think that I would let Pugh’s mistaken position on abortion affect my position on the merits of her claims of unjust prosecution under cannabis laws. A judge certainly wouldn’t. But if Pugh is a strong conservative, she makes all the more interesting an advocate to put forward against the SDGOP establishment’s hempophobia.
Sorry, see my misplaced response post:
https://dakotafreepress.com/2019/05/25/ravnsborg-keeps-autopsies-secret-by-assuming-dead-have-rights/#comments
The dependence symptoms of marijuana smokers sound a lot like those of cigarette smokers who try to quit. As a former smoker of maybe 10 years, I found it was not nicotine that was the problem, but rather breaking the habit. Cup of coffee, smoke, after every meal, smoke, take a break,smoke, get up in the morning, smoke. Just a lousy habit.I suspect uninjured marijuana smokers have some of the same tendencies.
cibvet, I smoked cigarettes for a little more than 20 years, quit just over 25 years ago. I found it was both, the habitual behavior and the nicotine addiction. I doubt I could have quit without nicorette gum and lots of toothpicks to chew.
Bob, my good friend, you know that the demon weed rots people’s minds and makes them slothish or criminal. 34% of all weed tokers end up stealing or infringing on normal citizens’ rights within 1 year of the first toke. Put that in your hash pipe, young man.
Ms. Geelsdottir, I would never have guessed you smoked for 20 years. By looking at you most people would guess only 15-18 years.
Debbo- If I had a nicotine addiction,I was not aware of it.The habit of wanting a cigarette was my own habit reaching for a cigarette. My uneducated opinion is that classifying nicotine as addictive substance was done to give smokers a addictive reason not to quit and to enrich drug companies with numerous expensive products to help people quit. No one quits unless they really want to in spite of what they say. If you don’t believe that, the next person who tells you they want quit, take their cigarettes and crush them. If they are serious, they’ll thank you, if not serious, you lost a friend.
I was only speaking of my experience.
I do know that my 2 previous efforts at quitting were failures. The last time I really, Really wanted to quit. That and Nicorette gum made the difference.
Well,
Like I stated previously,
The DOPE is in Pierre.
There is an open billboard at the
Pierre exit off of I-90 that would look awesome with
HEY SOUTH DAKOTA
THE DOPE IS IN PIERRE
With an arrow pointing north with
A NO HEMP crossed ⭕️. circle.
Can we collect donations???
When the doctor tells you that you have lung cancer it is likely you will quite smoking or die.
Another day, another wingnut guv denies medical marijuana relief to the needy masses.
https://www.thegazette.com/subject/news/government/iowa-governor-kim-reynolds-defends-medical-marijuana-expansion-veto-20190528
Reynolds claims to be worried that legal users would imbibe more THC than illegal users with a 3% limit.
https://www.politico.com/story/2019/05/31/states-hemp-oil-market-1460113
Federal regulators’ murky response to the rapid legalization of the hemp extract CBD has created a patchwork of state responses — ranging from broadly permissive to raids on retailers and seizures of trailers loaded with lucrative leaf.
At a meeting Friday, FDA panelists asked pharmaceutical companies and patient organizations whether the widespread availability of off-the-shelf CBD products — ranging from pet food to skin oils touted as salves for all sorts of ailments — had an impact on efforts to research and develop cannabis-based medicines. But companies that want to use CBD as medicine countered that federal red tape is what’s holding up progress on developing drugs.
Ever since I moved here, all people (both conservatives, liberals and everyone in-between) have all unabashedly told me that, “South Dakota is always last to do what the rest of the country is already doing.”
Of course, they were right, but why so shameless about it?
South Dakotans, largely, should be ashamed of their own complacency in life.