COUNTERPOINT: Lawmaker’s actions the problem, not South Dakota’s medical marijuana program

Guest column by Deb Peters, Cannabis Industry Association of South Dakota

Last week Rep. Fred Deutsch told The Dakota Scout he possessed a patient registry identification card (medical card) for South Dakota’s medical marijuana program. Deutsch claimed, without argument or evidence, that a provider improperly authorized him for the card. On Twitter Deutsch claimed “… my doctor didn’t follow the law”.

It’s impossible to judge the merits of Deutsch’s public claim as he provided no details other than to allege the provider he saw didn’t ask a certain question. The provider can’t speak to their interaction, describe medical records reviewed, elements of the exam, or the questions put to Deutsch unless Deutsch releases the provider from their HIPAA obligation to protect Deutsch’s privacy.

There's a forum for claims of bad acts by a healthcare provider. That forum is not the press, it’s not social media, it's the licensing board that issues the provider’s license. Rather than publicly indict an entire system as a “farce” based on an interaction with just one of the 220 authorized providers, Deutsch should take his claim to the proper authority where both sides may be heard and the provider’s due process rights protected.  

But, whatever transpired with the provider, we know this: Rep. Deutsch now possesses a medical card for which he is not qualified. We know he’s not qualified because Deutsch told a reporter regarding his card, “I don’t have a qualifying medical condition …"  

NEWS: Anti-pot lawmaker issued medical marijuana card by South Dakota health office