PINE RIDGE – Tribal-nations, farmers, healthcare advocates and lawmakers in South Dakota have voiced their desire to see industrial hemp legalized in the State. While Republican Gov. Kristi Noem has asked the legislature to table a decision on the matter, the Oglala Sioux Tribe is prepared to move forward with plans to unveil its own plan to produce hemp on its lands.

“It’s widely understood in ag circles that industrial hemp, which is very different from marijuana, is well suited for marginal land. It’s widely understood in ag circles that industrial hemp potentially could generate profits for the hard-pressed South Dakota ag operators farming that land,” wrote Ag Week in its editorial last week urging Gov. Noem to support industrialized hemp.

District 27 Rep. Peri Pourier said on the matter, “I am absolutely in favor of hemp legalization. It is a good thing for tribes in the state.”

Tribes are also excited by the prospect of growing a crop that could generate profits for their people.

In December of last year, the White House signed off on the 2018 Farm Bill that included 60 tribally specific provisions. One primary addition to the bill was language that allows tribes to legally grow hemp.

Holland & Knight, one of the leading Native American lobbying firms in the country stated that the 2018 Farm Bill “legalizes hemp farming and authorizes new state and tribal plans to self-regulate, develop, and expand hemp production; also provides technical assistance to tribes and requires that states permit a tribe to transport across a state hemp that is lawfully produced under this Act.”

South Dakota Gov. Kristi Noem voted in favor of the law but is now openly advocating for South Dakota to not approve a measure that would legalize industrial hemp production in her state.

“I believe if we move ahead with industrial hemp and we aren’t prepared with it from a regulatory standpoint, from an enforcement standpoint, if we don’t have the equipment and dollars to do this correctly, we will be opening the door to allowing marijuana to be legalized in the state of South Dakota,” Noem said.

Noem has also stated that it will be difficult for law enforcement to differentiate between cannabis and hemp.

The comments from Noem have been met with a swift rebuttal from experts who say that her statements point to an ignorance of the subject matter.

“There is absolutely no rational, or even close to being rational response or reason to not do this,” said Melissa Mentele of New Approach South Dakota. “Forty-three other states have done this, tribes are doing it…the process is not rocket science.”

The primary difference between hemp and marijuana is the level of THC available in a plant. In order for a plant to be distinguished as hemp it must contain 0.3% THC or less. While Noem has argued that it will be difficult for law enforcement to tell the difference between the plants there are already mechanisms available for purchase.

“There is field testing available. It’s the size of a suitcase,” said Mentele.

She added that when farmers go to purchase hemp seeds, the products they purchase are labeled with the amount of THC that the seed will produce once it becomes a plant

The Oglala Sioux Tribe views hemp as a potential boost to its struggling economy. It has already drafted a preliminary plan and regulations on how it will look to grow and cultivate hemp within its borders. The plan is going to be reviewed at the Thunder Valley CDC on March 8 at 10 am. The event will feature a discussion with longtime Oglala Lakota hemp legalization farmer and advocate Alex White Plume. OST council member Craig Dillon has said that his district is prepared to start utilizing all its available lands for hemp growing operations.

The reasons why Noem has suddenly shifted her position on hemp is unknown but if she is successful in thwarting efforts to legalize hemp production it could have a devastating impact on tribal economies.

While the 2018 Farm Bill did create exemptions for tribes to grow the plant, the state must pass some sort of law that would allow for tribal-governments to deliver their product to the market for it to be legal.

Mentele says that the state must create a way for tribes to haul their product off the reservation.

“What does she expect tribes to do,” asked Mentele. “If she doesn’t do something in the state our reservations become islands in a state of illegal territory.”

State law has no authority over tribal-lands as they are under the jurisdiction of federal law enforcement.

(Contact Brandon Ecoffey at ecoffeyb@gmail.com)