May 24, 2019

Inter-agency drug task force seizes products containing the illegal chemical THC

Following an investigation into the THC content (the active and illegal chemical found in marijuana) of CBD products being sold by a local retailer, local law enforcement has seized a number of these products from the business located at 601 Mount Rushmore Road.

In recent weeks, several products from the store were submitted for drug analysis by the RCPD forensic laboratory. These products returned positive results for measurable amounts of THC content. The product lines testing positive for THC were seized from the retailer by the Unified Narcotics Enforcement Taskforce on the afternoon of May 23rd. UNET is an interagency drug taskforce comprised of law enforcement officers from the RCPD, Pennington County Sheriff’s Office, and South Dakota Division of Criminal Investigations.

South Dakota law enforcement agencies have received clear communication from the South Dakota Attorney General’s Office that CBD products are illegal under state law, however, the Pennington County States Attorney’s Office has made it clear they do not intend to prosecute any enforcement action taken in relation to CBD products. RCPD staff have been advised not to take enforcement action on CBD products until this issue is resolved, however, both the Attorney General and Pennington County States Attorney’s Office have upheld that products containing THC are clearly illegal under South Dakota state law.

“We recognize confusion exists regarding CBD products,” says RCPD Chief of Police Karl Jegeris. “However, we have the responsibility to take enforcement action regarding illegal drug distribution in our community, including products that contain THC.”

At this time, no arrests have been made in connection with the May 23rd warrant execution and product seizure, however, the case will be forwarded to the Pennington County States Attorney’s Office for review of charges. As this is potentially pending prosecution, any further inquiries into the warrant execution will be referred to the Pennington County States Attorney’s office for comment.

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