House Bill 1172 and House Bill 1129

HB 1172 and HB 1129 are headed to the Senate floor. It’s critically important that each and every person contact your Legislators ASAP! The only way we are going to stop these bills directed at harming the Medical Cannabis Industry is if we completely overwhelm them with calls.

HB 1129 will not only make it incredibly difficult to get a South Dakota Medical Card, but it will also exclude Veterans from gaining access to Medical Cannabis in South Dakota. Not to mention that it will drive people to stop seeking out South Dakota Cannabis and turn to Native Nations in Flandraeu.

Oh and don’t forget to go back to bill HB 1129, Section 6, and check out where they snuck in an abortion clause – “Producing or aiding or abetting a criminal abortion; Abortion”

The reason these clinics exist is for a couple of reasons…

  1. ⁠The major healthcare systems are not certifying patients.
  2. Only about 7% of practitioners statewide are registered to certify patients. (Total number of South Dakota doctors, NPs, and PAs on Doctor.com: 2825, as of February 6th there were 207 approved practitioners in the state)
  3. A LOT of people don’t have a primary care doctor. Especially if they don’t have health insurance.
  4. ⁠Fear. People are terrified to ask their primary care doctor about Medical Marijuana.
  5. ⁠Some card clinics offer low-income discounts, payment plans, and other financial resources to help you out.
  6. The clinics exist as an alternative option…if your doctor will certify you that’s great! But 90% of the time that is not the case and therefore there needs to be an alternative.
  7. ⁠It’s not mandatory. No one has to get a medical card. If you don’t want to get certified, don’t. But don’t eliminate access for everyone.

House Bill 1172 – To require a practitioner’s medical assessment of a patient to occur in a licensed health care facility for purposes of medical cannabis use. https://mylrc.sdlegislature.gov/api/D…

House Bill 1129 – Modify and establish provisions related to medical cannabis. https://mylrc.sdlegislature.gov/api/D…

Contact Your Senator – https://sdlegislature.gov/Legislators…

Codified Law 34-12-1.1 – https://sdlegislature.gov/Statutes/Co…

Codified Law 36-4-30 – https://sdlegislature.gov/Statutes/Co…

HB 1129

Ban advertisements for medical marijuana that would guarantee a card, offer telehealth appointments or offer financial incentives to make an appointment.

BOGO 1/2 Off

  • Most patients bring someone with to their appointment because they are so terrified of the process. Then that friend ends up making an appointment and coming in a couple weeks later anyway. So we thought “hey, why don’t we just cut em a break and knock it all out at once” – personally, i don’t enjoy going to the doctor none the less multiple times for the same thing.
  • It’s a business and there is competition between clinics. For obvious reasons, it makes sense that there is a competitiveness between the clinics to gain market share.

"There are not up-front fees. We do not take payment until you’ve been certified by one of our practitioners. Should you be denied, your money will be refunded — however, we’ve never had a patient denied”

No one is “guaranteeing” a card, they are guaranteeing that if you don’t get approved by the state, they will refund you.

Telehealth

NO ONE IS OFFERING THAT.

If you see Telehealth, it’s for an FSST card NOT a South Dakota Card. The state was VERY clear that all appointments have to be done in-person. However, if Telehealth was an option being offered, there would be no need for pop-up clinics.

Problems Overlooked In the Bill

Insurance and Big Pharma
  • Pharmaceutical companies, healthcare facilities allowed to advertise in the US – why not cannabis?
  • Medical Marijuana is not covered under medicare/medicaid, or any type of insurance. If you go to your regular doctor without insurance, you pay the bill out of pocket. What is the difference?
Veterans and the VA

The Department of Veteran Affairs (DAV) released a statement stating the following:

“Currently, VA doctors cannot provide or recommend medical marijuana for veterans as the federal status for cannabis remains a Schedule 1 substance, making the drug illegal in the federal government’s eyes….However, veterans participating in a state-sanctioned medical marijuana program will not be denied VA benefits, according to the Department of Veterans Affairs. VA providers are able to discuss cannabis use with veteran patients and adjust care and treatment plans as needed. Veterans are encouraged to discuss medical marijuana use with their VA providers as part of their confidential medical record.” – Source

Eliminating Medical Card Clinics will completely exclude Veterans from participating in the program because they can not obtain a card through the VA, what are the veterans supposed to do?

HB 1172

Require a practitioner’s medical assessment of a patient to occur in certain facilities for purposes of medical cannabis use.

Issues Addressed

The DOH has expressed concerns about the hundreds of new patient applications that come in when a pop-up clinic is held.
  • To say that hundreds of applications come in within a couple of day’s is a bit of a stretch. There’s no way a clinic could see 100 patients in a day. Seeing 30-40 is pushing it, and on top of that, the average weekly card count only increases by about 200 new patients each week. These concerns are fabrications.
  • Yes the DOH definitely receives a higher number of new applications over the weekends but that because Pop-Ups generally take place on weekends when people are not working.
  • The bill sponsors keep making such a big deal about “pop-ups” but don’t take into consideration that Mobile and outreach clinics are already an established norm in the medical community, so there is an established precedent for “pop-up clinics” to exist and not be limited to brick and mortar buildings.
  •  
Another key fact that is being overlooked is why Pop-Ups were created in the first place.
  • Pop-Ups were born out of a necessity for people not living in or around the Sioux Falls area. It’s much easier for a clinic to travel 2,3,4,5+ hours to certify patients than it is for patients with chronic conditions to travel to Sioux Falls. The clinics have literally taken it upon themselves to travel to the patients on their own dime and to help those chronically ill, that should be commended not penalized.
  • Small-town or rural healthcare facilities will not certify patients. I’ve talked to many people living in rural communities who did talk to their doctor about cannabis but were directed to ask a dispensary how to find a provider – Dispensaries are not allowed to direct patients toward specific clinics and therefore can not help these patients.

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