South Dakota Medical Cannabis Company Sues Health Department Over Alleged Overreach

April 1, 2023 · Ganjapreneur

A South Dakota medical cannabis company is suing the state Department of Health (DOH) alleging overreach, attempts to enforce unpromulgated rules, and the improper issuance of violations which has led to damages of over $1 million, KELO reports. The case by 605 Cannabis dates back to an inspection of their facility in January which the company claims was carried out improperly and conducted while the facility was partially closed due to a blizzard. 

In the complaint, 605 claims that DOH inspections are required under law to occur during normal business hours and that the health department’s inspection occurred while 605 was operating with limited staff, “not fully operational, not open during its normal business hours, and key staff members were not present.” 

605 claims that during the inspection, samples of cannabis and products were taken and the DOH later issued a report containing 19 alleged violations. On February 8, the health department issued an emergency order, identifying nine serious violations from the inspection, and suspending 605’s manufacturing and cultivation licenses, the report says. 

In the complaint, 605 outlines the nine DOH violations and contends that the agency erred in its evaluation and subsequent enforcement action and that minor violations, such as a camera blind spot, have been remediated. The company indicated it has attempted to reach a settlement with the DOH but has been unsuccessful. 

605 claims a loss in revenue of $1.3 million due to the suspension of its licenses and that its rights have been violated as a result of the DOH misapplying and/or circumventing proper rulemaking procedures.  (Full Story)

In categories:Legal Medical
Next Post

Ship Cannabis Across State Lines and Brag About It Online? - Licensed Vermont Grower Gets $20,000 Fine for Illegal Shipments

Devon Deyhle, the proud owner of Tall Truck, a small-scale cannabis growing operation based in the small town of Peachham, made a costly mistake when he decided to promote his business on social media. The ambitious grower, who cultivates his…
Read
Previous Post

A cannabis oasis: Freehold moving forward with new legal weed outlets

When New Jersey approved legal recreational marijuana in 2020, more than 70% of borough voters cast ballots in favor of the idea. Now they’re getting their wish as the first medicinal marijuana shop has opened in town just days after…
Read
Random Post

Botanical Specialist Linnea Scores Narcotics License To Produce, Export High THC

Swissmedic, the surveillance authority for medicines and medical devices, granted Linnea SA a narcotics license at the end of 2022. This allows the company to help bring a pharmaceutical level of quality to this emerging cannabinoid industry, which is projected to grow from $28.26 billion in 2021…
Read
Random Post

The Best Weed Dispensaries in Denver Right Now

Whether or not you think Denver’s weed scene has lost the shiny luster of novelty, you have to admit the options—from products to places—are almost overwhelming. With so many dispensaries ready to fulfill needs for flower, edibles, and cartridge refills,…
Read
Random Post

Will Medicare Ever Cover Medical Marijuana? - 20% of Medicare Members Currently Use Medical Cannabis

Will Medicare Ever Cover Medical Marijuana? Medical marijuana is becoming increasingly popular among older adults as a treatment for various conditions. However, despite its growing acceptance, uncertain safety standards, conflicting laws, and complex regulations could delay Medicare coverage for years. In…
Read
Random Post

High Hospitality: How to Host the Perfect Cannabis Party

Whether you love her, hate her or hate to love her, you’ve got to admit that when Kim Kardashian makes a move, the world watches. So when the social media starlet announced that her fourth baby shower would be “CBD-themed,”…
Read