Entries Tagged 'Medical Mary Jane' ↓

Mayor TenHaken continues to push the false narrative of Med MJ being dangerous

In a recent email Mayor Poops told the council this;

Council-

Sharing this task force report as an FYI – very relevant info on ND, IA, and MO. This is important data to be familiar with for if/when we move into the recreational realm.

The message was sent a couple of days ago after the SD Supreme Court decision that told voters to GFY. Does he know something I we don’t know? Also, one councilor told me this was the first time since Poops has been in office that he sent the council any thoughts on policy. I breezed thru the (slanted) 82 page report that contradicts itself on many levels. But this sentence stood out to me;

• Marijuana represented 89 percent of the total drug weight seized by Midwest HIDTA enforcement initiatives in 2020.

Well, doesn’t that tell you something? STOP SEIZING IT AND FOCUS ON OTHER CRIMES!

The whole point of the report is that illegal cannabis use went up after the legalization of Med MJ in these states. That you should also tell you the same thing, make it legal for every adult.

Besides the beneficial tax revenue we would gain from Rec MJ there is the millions upon millions we would save in justice costs. I couldn’t find any references to that in the report, just that more people are using Medical Cannabis after legalization. Shocker, I know.

UPDATE: Reistroffer proves his theory . . .

As Emmett warned, there would be only one company submitting multiple MJ Med Dispensary applications, and it looks like he is working for them 🙂 Well played. LOL.

UPDATE: Actually 79 applications were turned in.

Also listen to our genius city attorney discuss it on SDPR (FF: 5:15)

NO Applications for Med MJ dispensaries in Sioux Falls

I had heard from a reliable source this week that it was true, but honestly I just thought it was a fluke. The Argus has confirmed it with a story this morning. While I have not read their article I can speculate the reasons why.

Between the rules actually being in place with the state, there is the 700 lb gorilla in the room, the Supreme Court decision. Honestly, if I had the knowledge and the capital to invest in this, I would wait for those two things to be in place before moving forward. There is also a potential ballot question if they get enough signatures.

Factor in that there is very strict rules in Sioux Falls when it comes to dispensaries and my guess is finding a facility location is also very difficult.

If I were to invest in such a thing, I would do it in Lincoln County outside the city limits.

This is what happens folks when a legislative body jumps the gun on rules, and makes those rules so strict no one is interested. We all know that was the plan from the get go. So it seems South Dakota’s largest city can’t even progress on something this simple due to manufactured red tape. What a massive waste of time and taxdollars, but not a surprise from a cruise control mayor, and incompetent city attorney and a rubberstamp council.

If it ain’t for the benefit of the developers we will crush it. The sad part is the banksters, bondsters and developers will end up crushing the middle-class economy in Sioux Falls (if they haven’t already) due to their greed (taxpayer handouts) and unbridled growth (with no game plan on how to handle it).

I have been talking about our uncontrolled growth since I started this blog. Read this letter to the editor someone wrote in 2009 I quoted;

It is my opinion a moratorium on the city-limit footprint is needed. There are several, sizeable areas of undeveloped land within the current city limits This moratorium should last as long as these areas remain undeveloped, or 25 years, whichever is greater. As these areas fill in, property values will rise. Older, dilapidated neighborhoods could be razed, and urban renewal could flourish.

This statement was made 12 years ago and what has happened to our core neighborhoods (besides just downtown) since then? Nothing. The roads have gotten worse, affordable housing is virtually gone, Minnesota avenue has looked the same since the 1980’s and our core neighborhoods continue to crumble while we invest in play palaces and egg roll factories in corn fields. A reckoning is coming folks because of this willy nilly form of planning.

Medical Cannabis needs be researched more, and that starts with Federal Decriminalization

This is a wonderful documentary from a month ago that really explains the known and unknown science behind an incredible plant. It seems to me what we are lacking most is a true understanding of it.

Sioux Falls Cannabis Raffle

Guest Post by Emmett Reistroffer

Who wants a dispensary license? Step right up and buy your raffle tickets! No limit on how many tickets you can buy. That’s right folks. Just $75,000 Dollars, now who’s ready to test their odds?

All satire aside, this is a very serious issue and shows why policy details matter. Not only policy details – but how city attorney’s and bureaucrats interpret policies. The Sioux Falls cannabis licensing ordinance (#105-21) clearly states, under Section 121.003 (Licensing of Medical Cannabis Dispensary and Testing Facility), sub-section (a)(E)(2) “Only one application per location is allowed.
At no time during council discussion did the City Attorney point out that this would be interpreted differently. According to the City Attorney, it’s only one application per location, per applicant. “Applicant” is not tied to the individual, but it’s tied to the ‘entity’ which applies. So, Mr. Monopoly can create 100 separate LLCs, and submit 100 separate applications, all listing the same location/address, and thus drastically increase the odds that Mr. Monopoly gets a license over his other less-funded competitors. It’s also not just a matter of who has the most funding at their disposal, but who genuinely follows the process according to the spirit of law versus those who are willing to exploit a “loophole”. Unfortunately, the way loopholes work, it doesn’t matter where you stand on it ethically – the outcome is based entirely on how it stands legally. If it’s legal to form the 100 LLCs and submit 100 applications – then at the end of the day that’s all that matter and the applicant willing to do that absolutely will have the greatest odds at getting a license.

This can be prevented and fixed. The path of least resistance would be for the administration to put its foot down and change its position. The administration should stick to, “only one application per location” per the plain meaning of the language of the ordinance. They could accept an application listing an address, and then deny all other subsequent applications that list the same address (first come first serve), OR the city could just simply deny all applications submitted which list the same address. Either way, if the city is very clear in its position and in the application instructions – then this issue can be easily preventable.

If this requires a policy change, then that’s more difficult. That would require Council to call an emergency meeting and get a majority of council to agree to an amendment. I’m not very optimistic, however I am grateful for Councilors Brekke, Neitzert and Erickson who have all responded to my concern with an open mind, and have indicated they’re all working in various ways to find a solution. However, like I said, an administrative fix would be the quickest and easiest path to a solution, and a legislative fix is up against a tight timeline and would require a majority of council to act in agreement.

Ultimately, if the city doesn’t fix the loophole – then I have no doubt this will end up in the courts and the city attorney’s interpretation will come into question. This will cost the city time and money and delay the opening of medical cannabis dispensaries in Sioux Falls.

Regardless, my group is working to draft an ordinance that is legally sound and based on fairness and gives the voters what they want. Our ordinance will not include a licensing cap or lottery, and it will generally allow a free market – balanced with common sense zoning requirements and setbacks (away from schools, parks, daycares etc.). We don’t want dispensaries to be open on every corner, and we also don’t want the city conducting lotteries or creating processes that allow big money unfair advantage over others.
Here are some links to demonstrate how licensing lotteries are riddled with problems:


https://www.denverpost.com/2021/10/05/broomfield-marijuana-licenses-lottery-lawsuit-terrapin/


https://harrisbricken.com/cannalawblog/was-the-illinois-cannabis-dispensary-lottery-rigged-sure-looks-like-it/

https://www.chicagotribune.com/marijuana/illinois/ct-illinois-marijuana-license-lottery-qualified-20210728-dncra2em3fhhjeel2isr3ew7am-story.html


Best,
Emmett Reistroffer

MJ Advocate Reistroffer proves the incompetence of the City of Sioux Falls Attorney Stacy Kooistra

So Emmett dropped this bomb on the city council last night;

Emmett Reistroffer, a consultant for medical cannabis businesses, believes the current interpretation of the new application process by the city attorney’s office could lead to out-of-state interests exploiting a loophole that could have a business entity or individual submit multiple applications and then squeeze out local business people.


Reistroffer told the City Council during public comment that to ensure a level playing field, they should limit the applications to one per location.

Emmett told me last week he had been in a back and forth with the city attorney’s office about this for weeks with no avail. This is why he showed up during public input last night to inform the council about the issues.

When the MED MJ ordinances were being debated, Councilor Brekke also questioned the City Attorney if the lottery system was even legal. Remember, Janet was the first full-time city attorney, she doesn’t take this lightly.

I have known for a very long time that our city attorney who is trained in military law, knows next to nothing about city law and also struggles with 1st Amendment Constitutional law. Usually if he doesn’t know the answer, he doesn’t answer the question which is happening a lot these days.

Med MJ Dispensaries are bad, but dropping off kids at a Bar Parking lot is okay?

I have been thinking about this for awhile. I drive by this place a couple of times a day, imagine my surprise when I see almost a dozen kids using a bar parking lot as a pickup and drop-off for the school bus. I get it, it is technically the entrance to the trailer park where several school kids live, but to pick this location?

I bring this up because there has been this argument by local government officials that we can’t have MED MJ dispensaries 1,000 feet with-in sensitive use because MJ is harmful and dangerous to children. I will go along for the sake of the argument. But isn’t the perception of using a bar parking lot as a school bus pickup just as ‘dangerous’. Couldn’t the kids be picked up just as easily 1 block east or west?

Also realize that MED MJ can only be purchased at these dispensaries for pain relief, etc. Sales are to be discreet and private within the facility and NO use can proceed on the premises and only allowed in the ADULT customer’s homes. Juxtapoz that with a bar, that clearly has an alcohol sign on the building advertising the consumption of that product on the premise and it is okay to drop kids off right in front of the patrons of this establishment?

We certainly have a whacked view of the dangers of alcohol compared to the dangers of MJ.

Sioux Falls City Council Oblivious to Open Government

After watching the city council meeting tonight and addressing them on open and transparent government I have to admit I have almost given up on educating them about open government. They don’t have a clue.

While discussing the Med MJ ordinance Councilor Selberg admitted that the councilors formed the ordinance privately talking to each other on the phone. Well at least Selberg told the truth even if he is ethically challenged.

Councilor Kiley blew off the supporters of Med MJ at the meeting speaking out as special interests and brought the mysterious folks he got emails from, yet never read a single email or told us who these people are.

I guess in Kiley’s eyes the 75% of Sioux Falls voters that supported Med MJ are special interests and not worth listening to. What arrogance.

If open government was a foot long blunt lit with a blowtorch and smoked by the councilors, they still wouldn’t understand. Baffling.

Lincoln County Commission and Sioux Falls City Council Joint Jurisdiction agreement on MED MJ zoning lacks legal logic

Yesterday at the joint meeting, Lincoln County Commissioner Joel Arends tried to get out of planning staff (both city and county) where they came up with the 1,000 foot setback. Once they rolled out the Mariachi band and did an extensive dance, they still couldn’t give a reason. That’s because it was directly pulled from their behinds. Seeing they were not going to win that argument, the city attorney Paul Bengford decided to move the goal posts and say this was about meeting a deadline and newspapers and NOT the setback. It was quite the turd polishing, and exhibited just how inept our local government officials and appointed staff is.

I think they truly believe the public is that naïve.

But the best part was when Councilor Neitzert said it was ‘absurd’ to allow citizens to vote for the legalization of drugs (marijuana). Waiting for our elected officials to legalize it is even more absurd, because they would never act. I joked to someone before the vote in November that even if the Feds decriminalized MJ today and allowed states to regulate it would take South Dakota a decade to put in the regulations if you waited for the elected officials to act.

The only way anything beneficial to the citizens happens in this state is through direct democracy. Waiting for our representatives to help us is the true measure of absurdity and their war on the initiative and referendum process. Keep poking the bear, because that just emboldens us.

Medical MJ Ordinances prove Authoritarians are running our city NOT Representatives

The reason we elect a city council and mayor is to have citizen representation when crafting or upholding our laws and ordinances within our city. They should not be injecting their own personal views on those laws they just need to follow them within reason.

The gross abuse of power the Mayor and the Council is showing with the Med MJ ordinance is appalling and shows the stark similarities between how this ordinance is being crafted and how the Events Center was passed.

MED MJ ORDINANCE LINK

The Event Center vote was an ‘Advisory Vote’ in other words it had no legal binding, it was just a suggestion to the city council. A little over 50% voted YES. If this would have been a LEGAL bond initiative vote it would have failed because that needs 60% to pass. Of course, a majority of the City Council ignored that fact and voted to pass the Event Center bonds WITHOUT a LEGAL bond election, and without a 60% majority on the advisory election. In other words, we were NOT properly represented by our councilors and mayor.

Fast forward to 2021, and the new mayor and council are back at their old tricks by injecting their personal feelings and opinions of a very small minority of people when crafting Med MJ ordinances. While the news has been reporting about the ridiculous FIVE dispensary rule (while we have hundreds of bars, liquor stores and telephone booth VL casinos) they have avoided talking about the 1,000 foot setback, the conditional use permitting process and most egregious of all the initial $100,000 1st year license fee and $50,000 a year after that (you have to buy a 2 year license for $100,000.) Remember, over 70% of South Dakota voters approved Med MJ and even a higher percentage in Minnehaha County and the City of Sioux Falls. They are totally ignoring the will of the voters and the majority and doing the bare minimum to restrict these dispensaries. I have also heard there was pressure from a certain bank and hospital in town, you can probably guess.

Sadly, according to the city website, these are running rates for alcohol licensing;

Retail On/Off Sale Malt Beverage (yearly renewal) $333.00
Retail On/Off Sale Wine (yearly renewal) $533.00
Package Liquor (yearly renewal) $533
Retail Liquor (Bar) One time License Fee $192,393 with a yearly renewal fee of $1,500

You could either argue that the licensing fees of alcohol (a narcotic, not a plant) is too low, or the licensing of Med MJ is too high, but they are grossly mismatched. And where did the $100K fee come from? It is obvious it was pulled from their behinds and isn’t based on any economic or financial data, it’s just vindictive. Also factor in that dispensaries would be selling a harmless plant discreetly for medicinal use and no product can be used on the premise. It’s no different than picking up vitamins at Wayne & Mary’s. The immense ignorance and dictatorship like actions taken by Mayor TenHaken and the City Council are extremely worrisome and concerning. This is why most of this ordinance was crafted in secrecy, they know it is unethical and wrong.

I also think this is a part of a statewide effort to punish voters and petitioners for passing their own laws. Just look how they gutted the minimum wage (for teenagers) transparency laws, Rec MJ and the list goes on and on. They hate the initiative process because it strips them of their authority and they seek to punish anyone who dares to participate in it. I joked that even if Med MJ passed with 99.9% of the vote, they would still move to limit it. Their greed and power sees no limits and they have no shame about it.

There is a silver lining though.

I’m guessing there will be immense pushback from the industry, and I am also guessing it’s going to be very public and very intense and will hopefully expose who is leading this city into a dictatorship. Get out the popcorn folks because it’s going to be quite a show watching the rats run for their holes but this time they may have no where to hide.