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Lawmakers disagree over medical marijuana picks
PIERRE, S.D. (KELO) — There was friction aplenty on Monday about should be on the latest version of the South Dakota Legislature's Medical Marijuana Oversight Committee.
Just three of panel's 11 members will be returning from last year's group — medical doctor Francine Arneson of Sioux Falls, addiction counselor Kristi Palmer of Sturgis and Sioux Falls police chief Jon Thum.
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The Legislature's Executive Board makes the appointments.
Lawmakers voted 15-0 for the first nominee, Republican Sen. Lauren Nelson with no discussion. But after that, there was a lot of disagreement.
The appointment of Republican Sen. John Carley went through 9-6, with nays from Republican Rep. Mellissa Heermann, Republican Rep. Brian Mulder, Republican Sen. Randy Deibert, Republican Sen. Steve Kolbeck, Democratic Sen. Liz Larson and Democratic Rep. Erin Healy.
The dissension further surfaced when Healy nominated Republican Rep. Terri Jorgenson. Republican Rep. Scott Odenbach called for Republican Rep. Josephine Garcia instead.
Odenbach, the House Republican leader, said he had conversed by text with several applicants from the House and they eventually settled on Garcia and Republican Rep. Travis Ismay as those applicants' preferences.
Garcia went through on a 9-6 vote, drawing nays from the same lawmakers as Carley had.
Odenbach next nominated Ismay, who has repeatedly tried to derail South Dakota's medical marijuana program, after nearly 70% of voters approved it in the 2020 election.
'There's no doubt Representative Ismay is a passionate person on this issue,' Odenbach said.
Healy said she didn't want to appoint someone opposed to medical marijuana. Emmett Reistroffer, representing Genesis Farms, a medical marijuana producer with retail outlets in various communities, spoke against Ismay's appointment.
Reistroffer claimed that Ismay has used profanity at times in describing the medical marijuana industry and wouldn't meet with its lobbyists. 'We just feel this nomination is not appropriate,' Reistroffer said.
Healy reminded other Executive Board members that it was up to the board to make the appointments. 'Ultimately, we are here for a reason and we need to make the best decision that we can,' she said.
Kolbeck noted that the Legislature a few years ago came up with the current slots for the committee when some lawmakers were trying repeal the program altogether. 'It's how it should run,' Kolbeck argued, saying the board shouldn't appoint someone who isn't willing to respect the voters' wishes.
Mulder then nominated Republican Rep. Bobbi Andera instead. Republican Sen. Tom Pischke said Andera was very busy with other things in her life and questioned whether she didn't apply because 'she doesn't have the bandwidth to serve' on the panel.
Both Mulder and Republican Rep. Aaron Aylward said they had texted with Andera last week and she confirmed her interest.
Reistroffer, representing Genesis Farms, told the lawmakers he was 'relieved' to hear Andera's name, describing her as 'fair' and said she 'listens.' He added that she was the only legislator to attend the medical marijuana industry's briefing earlier this year and said she sometimes voted yes and sometimes voted no on their proposals.
Odenbach said he thinks well of Andera but she didn't apply and he said that was why he would vote against her. The board's chair, Republican Rep. Jon Hansen, the House speaker, said he had promised to support Ismay's nomination but also thought that Andera would make a great member.
Republican Sen. Ernie Otten also said he couldn't support Andera. 'Without any application no,' he said.
Andera nonetheless was appointed 10-5, with nays from Republican Rep. Spencer Gosch, Odenbach, Republican Sen. Jim Mehlhaff, Otten and Hansen.
The board voted 11-4 for Dr. Arneson, with nays from Gosch, Hansen, Mehlhaff and Republican Sen. Chris Karr, the Senate's top member.
The skirmishing seemed to have ended with 15-0 votes for physician assistant Andrew Schock of Hill City, certified nurse practitioner Julie Bostic of Hartford, police chief Thum, Meade County Sheriff Pat West and counselor Palmer.
But the board split again on who should serve as the committee's qualifying patient — someone who is a current cardholder.
Karey Entwisle of rural Canistota drove to the meeting at the Capitol accompanied by her father, a U.S. Marine who served two tours in Vietnam a half-century ago and now suffers from kidney disease. She wanted the qualifying patient seat.
Mehlhaff questioned whether Entwisle had a conflict of interest because her husband operates Pitbull Acres, a state-licensed cultivator of medical marijuana.
Entwisle minimized her role there. 'I'm strictly by the books providing facts,' she said.
However, research after the meeting by KELOLAND News of public records on file with the South Dakota Secretary of State office found only her name listed as organizer for Pitbull Acres.
Entwisle spoke of her father, who was in a wheelchair. 'This plant has been healing him,' she said.
Mehlhaff asked her again how she would compartmentalize the roles of qualifying patient and spouse of a licensed cultivator.
'I am focused on the facts and the situation,' she replied.
Karr wanted someone else. He offered Nicholas Cardova instead, saying, 'I just think it's cleaner to avoid any potential conflicts.' The majority of board members disagreed, splitting six for and nine against Cardova.
Reistroffer, from Genesis Farms, was invited to the witness mic to address the board a third time. He said he'd gotten to know Entwisle during the past year. 'Clearly she supports the relief her father is finding,' he said.
Then Reistroffer spoke from a broader perspective. 'This entire (medical marijuana) committee is stacked from top to bottom. She's the only one we've got,' he said.
Mehlhaff said it was important that Entwisle had addressed the conflict question. 'I think she would be a good candidate,' he said. He had served on the panel the past two years and clearly wasn't a supporter of some of the ways that the medical marijuana industry conducts business in South Dakota.
Mehlhaff said it was easy for medical marijuana to bleed over to recreational marijuana and he was 'comfortable' that Entwisle would try to minimize that as much as possible. With that, the board voted 14-1 — with only Karr saying nay — for her appointment.
In other appointments on Monday, the board chose:
Circuit Judge David Wheeler, a former senator from Huron, to fill an opening on the state Code Commission;
Brett Koenecke, from the May Adam law firm in Pierre, and Thomas Geu, a former dean at the University of South Dakota law school, to continue serving on the national Uniform Law Commission; and
Michael Anderson of Watertown to the state Investment Council.
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