605 Cannabis sues state over inspection report

SIOUX FALLS, S.D. (Dakota News Now) – The state of South Dakota is facing a new lawsuit, stemming from an inspection that shut down a portion of a medical marijuana business.

The lawsuit, filed by 605 Cannabis Cultivation and the makers of Badlands Products, alleges misapplication of the rules and heavy-handedness by the state.

After being hit by a car in 2012, Carly Matson made a choice regarding her pain control.

“They started putting me on a lot of opioids for that and started doing this, medications for that, and I decided to go the marijuana route instead and change my life,” said Matson.

Vicki Warne weaves in her medical knowledge at her dispensary in Fort Pierre.

“Growing up, I always have known I was going to be a nurse,” said Warne.

Now, a recall is sending a ripple effect across the state.

“Forty percent of our business is with Badlands products,” explained Warne.

“Cartridges. They had a lot of those in different flavors. They had the gummies as well, tinctures. They had an awake and sleep tincture and then an RSO,” said Matson.

605 Cannabis just filed a $1.3 million lawsuit against the state. They claim inspections are only to happen during business hours, but they were closed due to a blizzard, with little staff on hand.

605 also claims the state’s inspection report was inaccurate. While the legal process continues, customers are going without.

“For a period of about two weeks. Maybe a little bit longer, we did not have the edibles. People were frustrated. I had a lady who started to cry,” explained Warne.

In a statement, Melissa Mentele of 605 Cannabis maintains they were treated unfairly, saying, “As a company, we have chosen to protect the patients, the businesses, and the medical cannabis industry in our state by filing suit to ensure that the precedent set will not destroy patient access.”

Warne is watching the court process and remains neutral, while doing her best to support everyone with the growing pains in the state’s cannabis industry.

“You know, we’re going to try to make this industry succeed,” said Warne. “And the only way that we can do that is by working together.”

The South Dakota Department of Health cannot comment on the pending litigation. While the 605 Cannabis filing is for an emergency injunction, there is no date yet for a judge to review the lawsuit.

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