South Dakota Department of Health sued by medical cannabis company for alleged interference

South Dakota's Department of Health DOH is being sued by a medical cannabis company for alleged overreach, improper issuance of violations and trying to enforce un-promulgated rules, according to KELOLAND News.

605 Cannabis is seeking $1 million in damages for the company's manufacturing and cultivation operations as a result of the DOH inspection of the company's facility in January 2023.

In a 49-page document, 650 Cannabis claims that investigators improperly inspected the facility during a blizzard, which resulted in the business being partially shut down at the time and operating with limited staff.

On January 19th, 2023, the region where the 605 Facilities manufacturing and cultivation are located was covered in snow due to a blizzard, and the 605 Facilities were not fully operational, not open during normal business hours, and key staff members were not present, according to the complaint filed on March 23.

Following the inspection during which authorities took cannabis samples, the DOH reported 19 alleged violations, with nine serious ones highlighted in an emergency order issued in February.

The presence of Delta 8 and terpenes in cannabis sold by the company was added to medical cannabis products, which led to the disagreement.

605 replied that Delta 8 was naturally occurring and that it was not added. The company said it provided proof of testing for terpenes, all of which were approved by the FDA.

605 asked the Department to provide statutory or administrative authority for the prohibited use of Delta 8 and terpenes in medical cannabis, but has received no response, the document stated.

The DOH did not interpret medical cannabis laws properly, showing a lack of understanding regarding the plant, according to the company.

Delta 8 THC is a chemical component of the cannabis plant. Although it occurs naturally in minimal concentrations, it can produce mild psychoactive effects in some people, similar to Delta 9 THC, the compound that gets you high New industrial methodologies allow the controversial Delta 8 THC to be converted from CBD derived from hemp. Products developed as a result of the 2018 Farm Bill, which legalized hemp are not subject to the exact testing requirements as cannabis, creating a legal loophole.