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Noem Still Against Hemp; Legislature Has Three Reasons to Override

The USDA has issued its draft rules for growing hemp, but Governor Kristi Noem continues to stand in the way of farmer freedom by refusing to let them diversify into this flexible industrial crop:

USDA’s guidelines are out, but my position on legalizing industrial hemp has not changed. I remain opposed to industrial hemp in South Dakota because of the impact it will have on public safety and law enforcement’s ability to enforce drug laws.

…Conversations around hemp will continue, and I will continue to make the case that legalizing hemp will legalize marijuana by default [Gov. Kristi Noem, press release, 2019.11.05].

If Brendan Johnson’s Libertarian pot petition has less than a 36.45% error rate, voters will have the chance to approve a constitutional amendment that will mandate (see section 14) the Legislature pass laws to “regulate the cultivation, processing, and sale of hemp” by April 1, 2022. If Rep. Lee Qualm (R-21/Platte) has found the three Senators he needs to overturn a Noem veto, he could get hemp in the field two years faster and throw a spoke in Johnson’s initiated measure to boot. The Legislature’s already challenging Noem on education; thwarting her irrational resistance to hemp and a ballot measure and passing good ag policy all in one fell swoop will surely tempt the 2020 Legislature.

52 Comments

  1. Edwin Arndt 2019-11-06 08:34

    I always believed Noem’s go slow approach had some merit
    but this is ridiculous.

  2. Donald Pay 2019-11-06 08:54

    There are problems with hemp production that other states are facing, so a “go slow” approach is fine, but Noem’s approach is more obstructionist than “go slow.”

    Wisconsin is in its second year of hemp production, and there’s a lot of grumbling about state testing delays which caused some producers to grow longer into the season. That means THC levels increased beyond the limits, which means farmers had to destroy their crop and lose their investment. The problems this year were that too many producers swamped the state regulatory system, and testing couldn’t get done on time. This may be solved by third party testing.

    Also, some enterprising drug dealers are stealing hemp out of fields to cut high potency pot with low potency hemp in order to make more money on volume. As far as CBD oil, maybe it has some benefit for some conditions, but it’s mostly just fake science at this point.

    So, going slow makes some sense. Of course, now we’ve got a new industry with a new lobby, a lot of hype and all that entails. The pot industry will soon be paying off politicians. Now THAT is something Noem can understand.

  3. Robert McTaggart 2019-11-06 09:24

    They can make biodiesel from hemp, but they can also make biodiesel without the other costs that industrial hemp would enjoy.

    If they follow the rules and keep marijuana out of the supply chain, they should be allowed to lose their own money any way they see fit, and they should be allowed to lose their own money as fast as they want to.

  4. Robert McTaggart 2019-11-06 10:11

    If you could show that industrial hemp would have advantages in environmental remediation of brownfield sites and you could get clean biofuel out of it at the same time without worrying about issues regarding marijuana legalization, then you may have something.

    But that is not the argument people are making….industrial hemp is supposed to be a panacea for solving a state’s budget woes (as the legalization of marijuana supposedly would be). But it is expensive to grow, and it is resource intensive. Some of those costs come from having to verify that THC levels are low, and also having to dispose of any product that has high THC levels. Some come from the nature of growing the plant itself.

    You can have industrial hemp without legalizing marijuana, and you can have medical marijuana for directed purposes without legalizing marijuana. But many here do not want either of those outcomes to occur without legalizing marijuana.

    Part of politics is throwing money around, but the art of politics is taking victories when they can occur and when a benefit is possible.

  5. Cory Allen Heidelberger Post author | 2019-11-06 12:50

    Donald’s right, Edwin: now we see that her statements last Session weren’t “go slow”; she meant “no go.”

  6. Cory Allen Heidelberger Post author | 2019-11-06 12:51

    Robert, none of the arguments you lay out are arguments Kristi Noem is making. And she certainly doesn’t do that kind of cost-benefit analysis on corn ethanol or CAFOs; she just accepts on the word of the moneyed interests in those industries that those projects are good.

  7. Porter Lansing 2019-11-06 13:36

    Hemp production’s biggest market is replacing lumber and paper products. The biggest lumber and paper products companies are owned by one of the biggest donors to Kristi Noem’ political career. No wonder she’s doing a quid pro quo with the owners of these businesses severely threatened by hemp production.
    PS … They send Pat Powers a check every month, too.
    ~ Here are a list of companies and industries that the Koch brothers own:
    Paper Products: Angelsoft, Brawny, Dixie, Mardi Gras, Quilted Northern, Soft n Gentle, Sparkle, Vanity Fair
    Wood: Georgia-Pacific (largest plywood manufacturer in US – also owns most of the paper companies above).

  8. Robert McTaggart 2019-11-06 13:42

    Proponents could work with the state to make a reliable and suitable regulatory regime for hemp and medical marijuana that would not generate the de facto legalization of marijuana.

    That would not help to legalize 24-7 use of marijuana in the near term, but it would be the proverbial half of a loaf.

    Would you agree Cory that proponents of legalization do not want to accept a half a loaf?

  9. Porter Lansing 2019-11-06 13:47

    Weed and hemp are two entirely different issues being conflated by uninformed, negativity purveyors with a third agenda that’s, up to now, being hidden.

  10. Robert McTaggart 2019-11-06 15:48

    If they were entirely different issues, then industrial hemp could be approved without needing to promote or legalize marijuana. But that isn’t the case today.

    What is the cost of a roll of paper towels made from hemp, and what is the cost of a roll of similar mass made of paper? If the latter costs less (potentially due to the pre-existing…sorry Cory…preëxisting…forms of mass production), people are going to choose the paper version.

  11. Debbo 2019-11-06 15:50

    I think Porter is on to something regarding NoMa’am’s owners. She knows who she represents.

    My impression has been that proponents are trying to work out regs and standards to get hemp approved.

  12. Robert McTaggart 2019-11-06 15:57

    Debbo,

    Whenever I ask folks here if they would accept industrial hemp or medical marijuana without legalizing marijuana, there is either no answer, a non-sequitur, or just plain no.

  13. Porter Lansing 2019-11-06 16:02

    That IS the case, today. You’re making things up, again McTag.

  14. jerry 2019-11-06 16:07

    I don’t think the legislators are interested in hemp farming. I think they all get their walking around money under the table by special interests so they are gonna just keep on keepin on. They could override GNOem very easily if they were paid enough.

  15. Robert McTaggart 2019-11-06 17:12

    We’ll see Porter, but nobody is agreeing yet that industrial hemp and medical marijuana would be fine without any legalization of recreational marijuana.

  16. Porter Lansing 2019-11-06 17:44

    I’m an expert on this subject, Bob. I’ve been through the process and seen how it works in every state that’s gone from illegal to legal.
    These steps must be followed in order or the voters won’t respond on election day.
    1. decriminalization of marijuana (hundred dollar fine for a misdemeanor)
    about five years pass
    2. medical marijuana passage
    about five years pass
    3. recreational marijuana passage
    Hemp is an entirely different issue. Marijuana is equivocal to alcohol. Hemp is an agricultural commodity and has nothing to do with marijuana. Conflating the two is a deceptive tactic and should be viewed as such.

  17. Certain Inflatable Recreational Devices 2019-11-06 17:56

    McTaggart, your ignorance surpasses the point I thought was metaphysically possible. “Marijuana” was not made illegal because it caused any harm; it was made illegal to keep hemp off the market. There have always been sycophants like you willing to jail people in order to protect your corporate masters.

  18. grudznick 2019-11-06 19:20

    The demon weed has milked the souls of men for generations, and it pees out pain and misery the way my good friend Bob’s weak, halting stream empties his bladder at Frankie’s place.

  19. Robert McTaggart 2019-11-06 20:43

    Porter: If they are separate, then keep them physically separate and legally separate.

    CIRD: But we both know now that it is harmful both to the smoker and to those around the smoker.

    Stop helping D. Trump get re-elected (sorry….reëlected). How can you be a champion for health care reform AND marijuana smoking? How can you be for a green new deal AND consume a lot of natural gas to power the growth of marijuana?

  20. Porter Lansing 2019-11-06 20:59

    You make no sense, McTaggart. It’s you that’s intent on conflating hemp with something else. Growing quality marijuana is a low energy consumption, green embracing operation. Find another issue to engage your need to tell strangers what to do, bully! You’re embarrassing SDSU.

  21. Francis Schaffer 2019-11-06 21:09

    I am of the opinion that, similar to alcohol a person should be allowed to grow marijuana for personal use, a limited amount. This would be similar to the homebrewers.

  22. grudznick 2019-11-06 21:13

    My goats eat hemp, but stay away from the Demon Weed. If the state had a goat patrol, or perhaps a patrol of goats, they also could differentiate between this fine rope and paper product that produces less income for farmers than beans or corn, and the Demon Weed which rots the mind of society.

  23. Robert McTaggart 2019-11-06 21:17

    Great, then please tell us that you are fine with approving industrial hemp and keeping recreational use of marijuana illegal, and that you are not using hemp as a vehicle for legalizing marijuana. That will show us that you can indeed separate them.

    Now about that low energy marijuana….

    https://www.utilitydive.com/news/marijuana-prices-have-collapsed-forcing-growers-to-focus-on-energy-efficie/553287/

    “Total electricity demand from legal marijuana cultivation in the United States is estimated to rise 162% from 2017 to 2022, according to Research from New Frontier Data, which focuses on analysis of the cannabis industry.”

    “Compared with a typical office building, indoor marijuana growers are about 10 times as energy intensive on a square footage basis, according to Neil Kolwey, industrial program director for the Southwest Energy Efficiency Project (SWEEP).”

    Good news, you are burning natural gas to meet that energy demand. #PelosiClap

  24. Porter Lansing 2019-11-06 21:50

    Every unit of energy used to grow marijuana is paid for. That means it’s no more of a burden than any other user of power. USA has plenty of natural gas. Let’s use it up, because it’s too late to do anything about climate change. We’re past the point of turning back. Lucky for me, I live on the high ground and my state controls nearly all the water. We can survive for eternity on the water we sell to CA and Las Vegas.
    I’ve told you Tag many times that legal pot is wrong for SD. But, I don’t live there and don’t have a cat in the fight. You and grudznick can do what you want to influence your neighbors. CO has made $4.5 million just on the South Dakota people who’ve come here to shop for their recreational needs. Thanks. lol

  25. Debbo 2019-11-06 22:23

    Mac’s #PelosiClap.

    Now that’s funny. 😆

  26. Robert McTaggart 2019-11-07 12:40

    So as long as you pay for electricity from coal or natural gas, it is OK?

    I would agree with you that adaptability will be part of our response to climate change. Some things are baked in, and we will need to react while improving overall methods. The water does not disappear, but it does get moved around, which means you need to work harder to bring it to where it used to be.

    However, I disagree that the plan for the future should involve the climate taking one in the shorts so you can grow more THC-intensive marijuana. It is not like the marijuana indoor growers are not aware of the problem…the plant won’t increase its THC without the right conditions, which takes more energy.

    By the way, do you ever notice there are never any reports of hemp growers infiltrating marijuana fields to grow their hemp and then make some money off of the hemp fibers?

  27. Porter Lansing 2019-11-07 13:39

    McTagg … I’ll take your questions in order.
    – Yes. Natural gas is ok. Coal is not ok. It’s a much worse polluter than natural gas. Got a better short term energy source and don’t say nuclear.
    – About Colorado’s water. As of Tuesday’s election CO legalized sports betting and $50-$100 million (per year) of tax money (from betting) is now dedicated to CO water projects. This means we can build new reservoirs to capture as much of the Colorado River water as we can. *Five years ago USA Supreme Court ruled that Colorado has the right to keep all the water we can capture because it’s owned by the state, not owned by the feds. We are no longer under obligation to share water with anyone. That ruling increased Colorado’s net worth by trillions over the next hundred years.
    – McTag disagrees with using legal and paid for energy from natural gas to grow marijuana. Tough toenails. Do something about it, then. You can’t. We won’t stop and that’s the bottom line whether you like it or you lump it.
    – Are you trying again to conflate hemp (a replacement for lumber and paper products) with cannabis (a recreational tool similar to alcohol)? Why? First you say not to do it and then you’re the one who continually does it. AND, you won’t answer why you do it. That’s avoidance of your own straw man argument and unprofessional, even for a pseudo-scientist.
    – Here. Read this and educate yourself and everyone at State. Most already know this stuff and wonder which turnip truck you fell off, Bob.
    – Thirty one page pdf – CANNABIS – The Essential Guide from PoliticoPro
    https://www.politicopro.com/Cannabis/Cannabis-Essential-Guide-FULL-REPORT.pdf?mkt_tok=eyJpIjoiTUdVM01qTTRZV1l3TkRkaCIsInQiOiJBOHBBU09GWnczWm55ZkliUEwxQ2RpQlwvVGNMNU5hM2Z2WXpUZTd6cUs0aGdOaW83TXF6MENXNnhwc2hUOTFsWVwvQlVmaUM2cHFKK3hEcmFyWWVJcjJkWmZmY013ZG5WcWlDUTFZUThOSGMyVWZ5Mlk1Qm9YZ01jTndhMHNSNVhlIn0%3D

  28. Robert McTaggart 2019-11-07 14:29

    Yes, natural gas is better than coal for carbon and other emissions. But if our demand grows enough (and THC-intensive marijuana that requires a lot of energy increases the demand), we will emit more carbon from natural gas tomorrow than we do from coal and gas today. Hey Porter….you said nuclear!

    If you grow more THC-intensive marijuana, you are not reducing carbon. You have discovered a brand new energy intensive application that requires the consumption of new natural gas today. You could think about reducing the consumption of natural gas in another sector of the economy….but I don’t think people will go without home heating so that you can have marijuana with higher THC.

    Sorry Porter, it is the marijuana proponents who keep trying to grow marijuana in hemp fields that are conflating hemp and marijuana. It is also those who support industrial hemp as a proxy for facilitating the legalization of marijuana.

    If they are as separate as you say they are, then keep the plants separate, agree to measures that verify that they are actually separate, and keep the politics of industrial hemp and recreational marijuana separate.

  29. Robert McTaggart 2019-11-07 15:24

    Porter, how much has SD made off of Colorado through sales of ice cream and snacks made from corn, wheat, or sunflowers?

    https://www.marketwatch.com/story/people-in-states-where-marijuana-is-legal-are-eating-more-cookies-and-ice-cream-2019-03-04

    “Sales of snacks in states that have legalized recreational marijuana had a compound annual growth rate of 7.2% over the last four years versus 6% growth in other states, according to data released Wednesday from research group Nielsen.”

  30. Porter Lansing 2019-11-07 15:35

    The people aren’t eating more snacks. More snacks are being eaten because more people are moving to those states.
    There is no politics of hemp versus cannabis anywhere but SD because as usual SD is twenty years behind progressive states and once again, fully on the wrong side of history.

  31. Robert McTaggart 2019-11-07 16:18

    You begrudgingly may be right. The average annual population growth rate between 2010 and 2018 in Colorado is not quite 1.5% according to the US Census. Unclear for the other states, because I don’t think they list them all in both categories.

    Back to math for a second….the graph does not have any error bars. 7.2% +/- 1% would be consistent with 6%….and then we would say that there is no statistical difference. 7.2% +/- 0.3% would be a different story.

  32. Porter Lansing 2019-11-07 17:29

    PS … Colorado residents are the most physically fit in America. Also, the most desirable state to move to. The top economy in America. Also, tops in working from home, pioneering restorative justice laws, low costs for renewable energy, four day school weeks, and businesses becoming employee owned.
    ~ Kentucky has the best bourbon. California, the best wine. Wisconsin’s cheese is tops and Colorado has the world’s highest quality, most pure, and healthiest marijuana.
    VISIT COLORADO ~ YOU KNOW … FOR THE SCENERY
    https://www.exercise.com/learn/ten-fittest-states-in-the-us/

  33. Robert McTaggart 2019-11-07 18:26

    Colorado has the lowest adult obesity rate in the nation.

    However, that rate is now 23%. It was 14.5% in 2000 and 6.9% in 1990. So it is going in the wrong direction. South Dakota’s rate is 30% by comparison.

    https://stateofchildhoodobesity.org/states/co/

  34. Debbo 2019-11-07 20:17

    Kind of tangentially related to the tangential conversation here:

    Batteries
    The good news is that over 1 million electric vehicles were sold worldwide in 2017, but the bad news is that a new study estimated those cars alone will, in the end, result in 250,000 tons of scrapped battery packs. Were those 250,000 tons just junked in a landfill, there’s a chance they’d explode, which as far as events in a landfill go is not awesome. But more to the point, they can be reused even after they’re no longer useful for vehicular operation: used batteries unsuitable for the road still hold up to 80 percent of their power that they did when brand new. That’s one reason Toyota, for instance, is pairing old electric vehicle batteries with solar panels to power 7-Eleven stores in Japan, which to my knowledge don’t hit a land-speed of 60 miles per hour.

    Justine Calma, The Verge
    Numlock News, Walt Hickey

  35. Robert McTaggart 2019-11-08 12:57

    breaking news…

    https://www.cnn.com/2019/11/08/health/vaping-injury-vitamin-e-thc-bn/index.html

    CDC says that vitamin E acetate in combination with THC may be to blame for the lung injuries from e-cigarettes. Finding THC in 23 of the 28 patients was “noteworthy”.

    “An investigation into the link between vaping and severe lung illnesses has yielded the discovery of extremely high levels of the chemical vitamin E acetate in nearly all cannabis-containing vaping products that were analyzed, New York health officials said Thursday.”

    Many of these vaping products were not bought through vaping shops or licensed THC dispensaries. Nevertheless, CDC says to stop all vaping of THC products until their investigations are finished.

  36. Robert McTaggart 2019-11-08 13:19

    We cannot say that yet.

    How many of the cannabis users are obese?

    If that number is around 23% (+/- a standard deviation) then cannabis users would be obese at the same rate that the rest of the population is.

    If the answer is like 50%, then there would indeed be a correlation.

  37. Porter Lansing 2019-11-08 13:22

    What percentage of SD adults use marijuana?

  38. Robert McTaggart 2019-11-08 13:27

    I thought you knew since you greet them all when they visit Colorado ;^).

  39. Porter Lansing 2019-11-08 14:01

    That’s the point. Nobody knows because it’s something no one talks about or will admit. I can predict it’s the same as Colorado. 15%
    *Since legalization the percentage of minors using marijuana has gone down. (My town of 41,000 doesn’t allow pot sales.)

  40. Porter Lansing 2019-11-08 14:45

    Chinese black market vaping cartridges. BEWARE!! Buy Colorado!!

  41. tom pokela 2019-11-09 12:42

    Someone needs to educate her about Portugal and its decriminalization. That has worked wonderfully

  42. mike from iowa 2019-11-09 13:51

    Vitamin E appears to be the killer in the hen house.

  43. Porter Lansing 2019-11-10 17:47

    Eleven cases of EVALI and no deaths. Hey, goat lover. You’re an alumni of Nebraska. What does the N on their football helmets stand for?

  44. Porter Lansing 2019-11-12 08:19

    Moderation is the Key to the Universe …

    ~ Cannabinoid hyperemesis syndrome –
    Overview
    Cannabinoid hyperemesis syndrome is recurrent nausea, vomiting, and cramping abdominal pain due to cannabis use. These symptoms may improve temporarily by taking a hot shower or bath. Complications may include kidney failure, electrolyte problems, and skin burns from hot water. Deaths due to these complications have occurred.
    Weekly cannabis use is generally required for the syndrome to occur. The underlying mechanism is unclear, with several possibilities proposed. Diagnosis is based on the symptoms. The condition is typically present for some time before the diagnosis is made. Another condition that may present similarly is cyclic vomiting syndrome.
    Definitive treatment involves stopping use of cannabis. Up to two weeks may be required to see a benefit. Treatments during an episode of vomiting is generally supportive in nature. There is tentative evidence for the use of capsaicin cream on the abdomen during an acute episode.
    Cannabinoid hyperemesis syndrome is estimated to affect 2.7 million people in the United States per year. Of those who go to the emergency department in the United States with recurrent vomiting, about 6% have the condition. The syndrome was first described in 2004, and simplified diagnostic criteria published in 2009.
    ~ Wikipedia
    https://en.wikipedia.org/wiki/Cannabinoid_hyperemesis_syndrome

  45. Porter Lansing 2019-11-18 12:30

    THE METH ~ “WE’RE ON IT” ~ What else is she on? Diet pills? Pain pills? Nose candy?
    *who went to school to come up with a slogan that says they’re on methamphetamine? ROFLMAO 😂😂😂

  46. Debbo 2019-11-18 13:23

    What? That’s NoMa’am’s slogan?! 😯

  47. Porter Lansing 2019-11-18 13:25

    Debbo … and the website is OnMeth.com

  48. Debbo 2019-11-18 13:41

    That’s 5 minutes I’ll never get back. 😑

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