Last updated on 2019-08-16
After Rapid City police raided Staple and Spice in May and seized $3,000 worth of Carol Pugh’s merchandise, Pennington County State’s Attorney Mark Vargo has decided not to prosecute Pugh:
“In order to prosecute somebody for the distribution of THC, which is a schedule 1 (drug), we would have to prove that they did so knowingly. And when they’re relying on manufacturer representations, which turn out to be wrong, it would be kind of hard to prove that they did so knowingly,” Pennington County State’s Attorney Mark Vargo said Monday, Aug. 12.
“They were under the impression that there was” no THC in their products, Vargo said of the staff at the Staple and Spice Market [“Rapid City Store Won’t Face THC Charges,” RCJ via Mitchell Daily Republic, 2019.08.13].
Pugh may not have knowingly violated the law, but since Vargo and the cops maintain that the products seized contained THC, it sounds like the cops will not be returning or refunding Pugh for her lost merchandise.
This is a great decision, but the asserted rationale that
seems odd since according to news stories the product’s label disclosed a percentage of THC and the manufacturer’s website warned about drug testing due to THC content. Kudos to the Pennington County States Attorney for declining to prosecute, despite being forced to create bogus reasons.
This adds to the evidence that it is time to reform of SD’s archaic, draconian and stupid anti-hemp and anti-marjuana laws.
Update … I shared (three weeks ago) that my weekly grocery flyer mentioned a new CBD department in their OTC pharmacy section. The section with herbal stuff, vitamins, and pain meds. Nothing yet. Asking the pharmacist, I learned that my store hadn’t been stocked yet and was directed to the stores in my LittleTown that had been stocked. Since I’m only interested in the price, I’ve not gone looking any farther.
Is there a word omitted from the final sentence – the word “not”?
That’s what I thought too, Curt.
Yup, there was, Curt and Debbo! Sorry about that—I have fixed the sentence.
Surprising how one of the most crucial words in a sentence can slip my typing attention.