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Federal Loophole In Medical Marijuana Laws, Police Target Bismarck Stores

By C.S. Hagen
BISMARCK – Before the legal ink dried on North Dakota’s medical marijuana laws, Bismarck Police inspected two health food stores in the state’s capital city Thursday, looking for hemp derivatives.

Police targeted the stores selling products containing Cannabinol, or CBD hemp oil, a chemical compound found in the cannabis plant that contains less than 0.3 percent THC levels, and is known for its efficaciousness as an anti-inflammatory, antidepressant, and antioxidant, among other uses.

CBD hemp oil is illegal in North Dakota and has been since 1903, Howard C. Anderson, the chief compliance officer for the North Dakota Board of Pharmacy, said. Despite what other media sources have reported, most people in the state were under the assumption that because CBD had a THC level less than 0.3, it fell under industrial hemp regulations and was permitted to be sold, Anderson said.

“That’s why they thought they could have a die-all with 0.3 percent or less,” Anderson said. “Now they’ve learned that’s not true.”

In December 2016, the Drug Enforcement Agency specified CBD oil as a Schedule 1 drug, on the same level as marijuana, heroin, and cocaine.

“They didn’t really change anything, they just interpreted it to make it more clear,” Anderson said. “It’s always been an illegal substance.”

Terry’s Health Products – from Facebook page

Terry’s Health Products and BisMan Community Food Co-op were the stores targeted, according to Buschena. Both stores were mentioned in a television report pertaining to the recent rise in CBD product sales by MyNDNow on May 2.

“Of course if you are going to sell an illegal substance, you probably shouldn’t advertise it on TV,” Anderson said. “I understand they were selling it for a while, and that they thought it was okay.”

“We got a report from the attorney general’s office that there were maybe two business in Bismarck selling CBD products, Bismarck Police Sgt. Mark Buschena said. “This was not a raid. We sent officers to these businesses, identified themselves as police officers, bought the products from the shelf, and then they were sent for testing.”

The tests came back positive for CBD, negative for THC, Terry’s Health Products owner Lonna Zacher said. Her telephone has been ringing off the hook from concerned patrons; social media has “exploded” with indignation, she said.

“I am pulling it away from my shelves because I don’t want to spend 20 years in jail away from my daughter,” Zacher said. “Can’t see it. Hemp-based CBD oil, which is something I don’t even know if you drank 50 bottles of it if you would get high.

“It’s super disappointing.”

“Results from the products purchased by the officers came back today,” the Bismarck Police Department said in a press release. “One of two items purchased at Terry’s Health Products came back positive for Cannabinol. All three items purchased at the Food Co-op came back positive for Cannabinol. Since being informed of the lab results both stores have willingly turned over all Cannabinol products to the Bismarck Police Department for disposal.”

No charges will be pursued at this time, Pat Renz, crime prevention and community services officer for the Bismarck Police Department, reported.

Public knowledge pertaining to the illegality of CBD hemp oil in North Dakota was lacking, as every online medical directory checked reported that CBD is legal to purchase and to use for adults in North Dakota.

Bushcena said news reports have blown the situation out of proportion, however, the U.S. News & World Report said in early May that a $1.1 trillion error in a spending bill approved by Congress could deprive North Dakotans with protections against federal anti-drug agents and prosecutors.

In other words, North Dakota was one of two states not included in a list denying federal government intervention with its medical marijuana programs.

Former United States Attorney for the District of North Dakota Timothy Purdon said the omission is a possible loophole the federal government could exploit.

Bis-Man Community Food Co-op – from Facebook page

“Other states have legalized medical cannabis laws and have legal protections under law,” Purdon said. He is currently a partner with Robins Kaplan LLP in Bismarck. “North Dakota doesn’t have that protection at this point, and that just creates more confusion. It’s an additional challenge for folks looking for medical cannabis to help ease the pain of their loved ones.”

North Dakota is one of 13 states that has commercial industrial hemp programs, according to legal directory KightLaw. Laws pertaining to hemp products are two-pronged whereas the state may have legalized medical marijuana or hemp products, but the federal government has not, and may actively hunt distributors or users.

Since 2014, federal spending bills have banned the Justice Department from going after state legal marijuana programs through a shield known as the Rohrabacher-Farr amendment. The Obama Administration also issued the Cole Memo in 2013, which empowers states to regulate their own cannabis laws.

Recently, however, U.S. Attorney General Jeff Sessions has declared that he wants to bring back the war on drugs — all drugs, which would mean he would pit himself and the Department of Justice, the Drug Enforcement Agency, and other drug-enforcement agencies, against more than half of the nation.

“For unknown reasons, medical pot programs in North Dakota and Indiana were not listed as being off-limits to federal enforcement in the bill, which was negotiated by congressional leaders before being presented for floor votes,” the U.S. News & World Report said.

“As a matter of fact, medical cannabis remains illegal under federal law, and the US congress has given protection to some states, but it does appear to put this industry in a vulnerable position,” Purdon said.

“It doesn’t mean Department of Justice will take advantage of that, but we just don’t know.”

Senator John Hoeven R-ND, who is on the Senate Appropriations Committee, which is responsible for including North Dakota on the federal list, said North Dakota was not included because medical marijuana will not become available for another 12 to 18 months.

“The provision is included in the Commerce, Justice, Science (CJS) funding bill, which was drafted and approved by the CJS appropriations subcommittee in April 2016, prior to North Dakota’s approval of medical marijuana usage,” Hoeven said.

“In the meantime, we will ensure the list is updated in the FY18 bill, so the state should be included before North Dakota’s program is up and running.”

The North Dakota Health Bureau referred questions to Jack McDonald, attorney for North Dakota Newspaper Association & North Dakota Broadcaster’s Association, who said that CBD oil was on the menu as a replacement for marijuana during the latest legislative session.

“For a long time it was one of the big issues of contention,” McDonald said. “It was only going to be that oil for a long time.”

In the future, people will be allowed to produce and sell CBD products, but they must be licensed, he said. “We will have to have strict regulations on how and where they do that. I have never heard before that it was legal.”

“We watch these laws very close and if indeed this became a Schedule 1 drug we were completely unaware of it,” Zacher said. “We have carried this product for 3 years without issue. Hundreds of reputable companies carry these products. Hemp based CBD oil is an amazing dietary supplement with an endless amount of health benefits.”

“If test results with no CBD in them, then it’s business as usual,” Bushcena said. “If they are, then we will notify the stores as such.”

If stores owners are convicted, the maximum penalty is up to 20 years imprisonment and a fine of up to $70,000, according to the North Dakota Century Code.

Zacher plans to fight to get CBD products legally back on her shelves, just as the original owner, Terry Hagen, fought federal regulations in the 1980s, she said. Law firms such as Hoban Law Group, who is representing the Hemp Industries Association, Centuria Natural Foods, RNH Holding LLC, reached out to Zacher telling her they are suing the Drug Enforcement Agency after it announced CBD as a marijuana-based drug instead of a hemp-based oil.

North Dakota’s Marijuana Gets The Puff-Puff Pass

April 20, 2017 / CSHagen / 0 Comments

By C.S. Hagen
FARGO – A hesitant round of applause rippled across the Peace Garden State Tuesday when the North Dakota Compassionate Care Act became law.

Governor Doug Burgum, voted the nation’s third most popular governor by the Morning Consult Governor Approval rankings, signed Senate Bill 2344 on Monday, making medical marijuana legal – to an extent – in North Dakota. The law began as an initiated measure and was passed by all state voting districts in 2016.

The road to becoming law was bumpy, as it was postponed, and then immediately drafted into self-defeating Senate Bill 2154 after the legislative body received pressure from advocates and the media saying government was dragging its feet. The new bill, SB 2344, was then proposed, passing both House and Senate, and health officials promise the state will have medical marijuana on the market within a year.

On a scale of one to 10, some proponents gave the new law 7.5 points, while others no better than a five.

“I just got a message that the governor just signed it,” Representative Pamela Anderson said. “It’s a good day. What the Senate sent over to the House was a bad bill, we amended it and and got it to 80 percent of the original measure.”

Riley “Ray” Morgan, Measure 5’s initiator, gave the law an approximate 7.5 points. “Let’s not forget unless this didn’t get forced down their throats by the voters of North Dakota, we have seen the Republican-led legislature turn down medical cannabis this session as well,” Morgan said. Within a year, “If they don’t have it ready to go by then, there is going to be hell to pay.”

The fight for medical marijuana hasn’t been easy, Anderson said.

“It’s been two years, and the volunteers and compassionate care committee went out and obtained those signatures,” Anderson said. “This is what North Dakota wanted, and they got it.”

Although the law will not allow home growing, or edibles, and intoxicant THC-content will be lower than what the original measure proposed – no more than 2,000 milligrams of THC in a 30-day period – the law is “light years” ahead of the Senate’s first bill, Morgan said.

Allowed: plant flower – up to 2.5 ounces per month, patches, tinctures, topicals, and capsules. Clear legal protections are now given to patients, caregivers, and medical marijuana businesses and staff. Patient identification card prices have been lowered to $50. Users will need authorization by a doctor or a nurse practitioner and be certified by the state.

Illegal: edibles, concentrates, and home growing. Seriously ill patients who live 40 or more miles away from a dispensary will have to travel. Written certifications by medical professionals still remain a problem. Minors, who are defined as anyone under the age of 19, will be limited to the use of pediatric medical marijuana oil, according to the Marijuana Policy Project.

The law resembles half of what the original Measure 5 wanted, Jason Spiess, longtime researcher and writer on cannabis issues, said.

“To me, the real story is that 65 percent of the voters can approve a measure and less than one percent of the state can literally cross it out and change it,” Spiess said. “That’s scary. This experience taught me that the people of North Dakota really have no power at all.”

Spiess gave the new law five points – out of ten – and is concerned about the future price per ounce of medical marijuana.

“Honestly, I think the people who want the medicine will drive to Colorado to get it,” Spiess said. “I have yet to see any projections from the state indicating what the price on an ounce will be under their model. I do not think anyone will pay $400 to $500 for an ounce. The poor cannot afford it and the rich will continue to use their black market sources they have had for years.

“I believe the new law will increase the black market.”

As an owner of The Crude Life Media Network, and weekly energy columnist for the Bismarck Tribune, Spiess is also wondering who and how authorized growers will be selected.

“The word in North Dakota is the circle of powers at the state capital have already pre-selected the growers,” Spiess said. No legislators will go on record saying as much, but “plenty of legislators are saying off the record.”

The new law is not without its problems, Morgan said.

“I know the House worked extremely hard on this, and they did make more than 40 changes to what the Senate did,” Morgan said. “The amount of cannabis purchased in a month by patients is troubling as is the amount of THC that is in medical cannabis,” Morgan said. “The legislature and Department of Health are not the patient’s doctor and shouldn’t be limiting amounts and THC content.”

House Minority Leader Corey Mock D-ND, a co-sponsor of SB 2344, said the law will improve as it rolls out.

“While not a perfect implementation of Measure 5, it is a good bill that makes medical marijuana, a federally illegal product, available to North Dakotans while complying with an official memo by US Department of Justice,” Mock said. “It decriminalizes medical marijuana and gives flexibility to the Department of Health to make necessary changes to enact the law quickly and effectively.

“We’ve been assured that all rules will be in place and medical marijuana should be available by next summer, but we’re well positioned to have everything in place by early 2018.”

Paul Armentano, deputy director for the NORML Foundation, a nonprofit organization seeking to eliminate penalties and legalize marijuana, said North Dakota is not alone with its issues passing the Compassionate Care Act.

“We’re seeing very similar efforts in other states, meaning lawmakers are significantly amending language and intent of the initiatives voters passed,” Armentano said. “This is a very interesting situation, one that you tend not to see in politics, the will of the voters is sacrosanct, but in these particular instances the will of the voters is case aside.

“When it comes to marijuana legislature, they tend to over-legislate.”

High dispensary fees, cracking down on home growing, and limiting the number of dispensaries will send marijuana prices skyrocketing, Armentano said.

“The state wants it both ways,” Armentano said. “They want to cap the regulated market and maximize the profit, so their solution is to allow a very limited number of producers and dispensers, and then to exorbitantly charge fees to those producers and dispensaries.”

Currently, law stipulates a $5,000 non-refundable application fee, a $90,000 dispensary fee and a $110,000 manufacturing fee to be paid every two years, according to Kenan Bullinger, newly appointed director of medical marijuana division for the North Dakota Department of Health.

“The price of cannabis is going to be a reflection of the level of regulation that is imposed,” Armentano said. “If those individuals are forced to pay exorbitant application fees, then those prices are going to be passed on to the consumer.”

Bullinger works out of a department of one, with no budget yet, he said. “And right now I’m getting tired of myself,” Bullinger joked.

Some Department of Health employees thought the measure would not pass, but they prepared for it, Bullinger said. “There were a lot of commercials out there that tugged at the heartstrings of North Dakotans, and there is some benefit in this to people with these conditions. Why not give the people who have suffered a little bit of hope and relief? We thought it might not pass, but the people have spoken and we are going to listen.”

Now that medical marijuana is the state law, he’s preparing to hire staff, which will oversee application processes for the two companies that will be authorized to grow marijuana. Some of the stipulation and mandates will include: plans for growing without using chemicals, indoor growing, alarm systems, background checks for employees, and financial stability.

“We want these places to survive,” Bullinger said. “And we really don’t know how many qualified patients we will have in North Dakota. It’s a crapshoot.” The Department of Health could have thousands of patients at the get-go, or only a handful, he said.

“I know a lot of people have said we’re dragging our feet, but we’re not dragging our feet,” Bullinger said. “Medical marijuana has to be produced and sold in the state here. We will get it done as quickly and efficiently as possible and make sure the product that gets on the market is safe. We got a lot of work to do.”

Global move toward decriminalization
Every 37 seconds someone is arrested on marijuana charges, the American Civil Liberties Union reported. From 2001 until 2010, more than eight million people have found themselves on the wrong side of the law, costing law enforcers approximately $3.6 billion per year. Black people are also 3.73 times more likely to get arrested on possession charges than white people, the ACLU reported.

Political hysteria about drugs led to draconian penalties, which have filled prisons across the nation.

Since President Reagan’s crackdown on drugs, incarceration of users has skyrocketed, according to the Drug Policy Institute. In 1980, nonviolent drug offenders numbered 50,000 nationwide, and jumped to 400,000 in 1997. As the drug war began running out of steam, George W. Bush threw more money into the programs, which ended in more than 40,000 paramilitary-style SWAT raids on Americans every year, according to the Drug Policy Institute.

Today, the pendulum has begun swinging the opposite direction, with Canada’s Prime Minister Justin Trudeau promising to legalize marijuana, and with Uruguay becoming the first country in the world to legally regulate marijuana in 2013.

Countries including Portugal, Mexico, and Colombia, have decriminalized all types of drugs including weed, cocaine, even heroine, which are technically illegal, but those who are caught receive no jail time.

“Portugal decided to treat possession and use of small quantities of these drugs as a public health issue, not a criminal one,” media outlet Independent reported in 2015.

Since Portugal’s decriminalization, drug use and new HIV cases have fallen, according to the Transform Drug Policy Foundation. Today, Portugal has one of the lowest overdose percentages in Europe, with three drug overdose deaths for every one million adult citizens, compared to 126.8 deaths per million in Estonia, or 44.6 per million in the UK, according to The Washington Post.

In 2015 alone, the United States had more than 52,404 drug overdose deaths, according to the American Society of Addiction Medicine. Opioids claimed 13 lives in Fargo in 2016, according to the Fargo Police Department.

Although lower death rates cannot be attributed solely to drug decriminalization, at the very least the country has not seen the “severe consequences” opponents, such as the U.S. Food and Drug Administration, predicted. To this day, the US FDA has not approved marijuana as a “safe and effective drug,” and proposes using synthetic versions instead.

In the USA, as of March 2017, 28 states and the District of Columbia have passed laws legalizing marijuana, according to nonprofit debate organization ProCon. Eight states, including Washington DC, have adopted recreational use, according to media outlet the Cannabist. Some states, including California, allow adults 21 and older to possess up to one ounce of marijuana and grow six plants in their homes.

California was the first state to legalize marijuana in 1996, with Alaska, Oregon, Washington, and Maine following soon after. North Dakota is the latest of three states to join more than half the nation in decriminalizing or legalizing cannabis.

Politicians including President Clinton, who said he “didn’t inhale” in 1992, President Obama, who said he inhaled and enjoyed it in 2001, and Burgum, who recently stated he smoked marijuana while on a hitchhiking trip to Alaska, believe marijuana should be at the very least, decriminalized.

While more than half of the 50 states have decriminalized or legalized marijuana, the federal government is reluctant to take a stance despite presidential announcements of support. Federal monies have not been shifted into funding health-based approaches, and the war on drugs continues, although to a lesser degree. Each year, more than 700,000 people are arrested for marijuana offenses, according to the Drug Policy Institute.

“Progress is inevitably slow, but there is unprecedented momentum behind drug reform right now,” the Drug Policy Institute announced. “We look forward to a future where drug policies are shaped by science and compassion rather than political hysteria.”

VeteransRespond picture on the group's Facebook page

The State’s Siege of Standing Rock

February 16, 2017 / CSHagen / 0 Comments

The state’s stranglehold on the anti-DAPL movement squeezes shut, veterans speak out

By C.S. Hagen
CANNON BALL – Standing Rock’s fight against the Dakota Access Pipeline has all the ingredients of legend, with only the ending remaining be be told. Centuries past, bards would be tuning their lutes, preparing lyrics, in fact, modern singers such as Neil Young, Dave Matthews, the Black Eyed Peas, Trevor Hall, and many Native American talents have already immortalized Standing Rock’s resistance.

“If you are a rock, stand up like a mountain,” Hall sang about Standing Rock.

Two months ago, the story promised a happy ending for activists: the U.S. Army Corps of Engineers halted the pipeline, ordered an environmental impact statement, and thousands of veterans converged into the camps. The caravan stretched for miles, cars – bumper to bumper – for a full day and a night.

Activists offering thanks of sage, fir nettles, and tobacco to the former Oceti Sakowin sacred fire – photo by C.S. Hagen

Proponents of the pipeline however, bided their time, waited on a savior. Bending to pressure from President Trump’s Administration, the Army Corps has issued the easement needed for Dakota Access, LLC to complete the pipeline, and have said nothing about the continuation of its promised environmental impact statement. The Peace Garden State’s tactics against the Standing Rock camps – pitted for an ongoing 190 days against the 1,172-mile pipeline – were nothing more than a slowly-squeezing siege, activists and veterans say, calculated and methodical. Like a medieval siege.

Activist at Highway 1806 barricade – photo by C.S. Hagen

“It started with the roadblock, which brought economic sanctions against Standing Rock,” attorney and long time activist Chase Iron Eyes said. “It was a genius move, but now the walls are definitely closing in.”

Once North Dakota’s tenth largest community with more than 10,000 people living in the floodplain along the Cannonball River, the remaining activists now number only 400, Iron Eyes said. Calls have gone out to return; some, including veterans, are heeding the cry for help.

“Numerous law enforcement and federal agencies have severely limited access to the camps at Standing Rock,” Mark Sanderson, executive director for VeteransRespond said. “They run propaganda and psy-ops against any group going to help. You can’t make it to camp without going through roadblocks or checkpoints. The situation on camp is that many necessities are very limited. Clean drinking water for one is hard to get, fuel for generators, food.”

Siege (n.) early 13th century, from Vulgar Latin ‘sedicum’ meaning ‘seat’

Militarized law enforcement began its siege by closing down Highway 1806, and then erecting a blockade on Backwater Bridge to rival Korea’s Demilitarized Zone. One of the first rules of a siege is to isolate the target, like the Arabs did against Constantinople in 717 CE, or Nazis 872-day siege against St. Petersburg in 1941, or the 1,425-day siege of Bosnian Serb’s against Sarajevo in 1992.

Law enforcement and the North Dakota National Guard toyed with closing the road down for nearly three months before making the blockade official in late October 2016.

Former Governor Jack Dalrymple set the stage. In August 2016, he declared a state of emergency. Two months later he issued an emergency evacuation order, further declaring anyone caught supplying Standing Rock with goods or equipment could face a fine of up to $1,000.

DAPL Front lines in January 2016 – photo provided by Johnny Dangers

Besieging forces are not allowed to target civilians, according to the U.S. Army field manual’s Additional Protocols of 1977, and relief agencies are authorized to provide aid to people in need. A day after the threat was issued by Dalrymple, he backtracked, saying police would not target people or close down additional roads.

Backwater Bridge is the site where Morton County Sheriff’s Department hosed activists in below freezing weather; the site where Sophia Wilanksy nearly lost her arm; the site where trucks were burned, where disguised infiltrators attempted to gain access to the main camp, and the site where dozens were maced, injured, and arrested. Instead of using trebuchets and crossbows, law enforcement used its “non-lethal” arsenal of pepper spray, water cannons, and percussion grenades.

It was also the site of prayers, burning sage, traditional dances, and colorful banners.

Surrounded on all sides

The state’s next move was to encircle the Standing Rock camps. A second rule for laying siege is to completely surround the target, preventing food, water, and supplies from assisting the besieged. Activists at Standing Rock soon found themselves trapped behind razor wire, mace, rubber bullets, and concussion grenades. The only route in or out was to take Highway 6, which easily added 40 minutes driving time.

When activists attempted to reach the DAPL drill pad in November, hundreds of police waited along Cantapeta Creek, showering activists in frigid water with pepper spray. When they marched on Backwater Bridge, they were hit with water cannons, percussion grenades, mace, and pepper spray. When activists plowed through snow and across a frozen Cannon Ball River in January, they were met, once again, with razor wire and more mace.

Activists nearing DAPL drill pad – photo provided by Johnny Dangers

Many of the actions taken by activists occurred on reserved lands the Sioux Nation agreed to during the 1851 Treaty of Fort Laramie, and have never relinquished, according to Standing Rock Sioux Tribe Chairman Dave Archambault II. Lands north of the Cannon Ball River were taken from the Standing Rock Tribe after massive devastation from damning the Missouri River during the Pick-Sloan legislation.

Police sprayed mace and pepper spray intermittently at activists in Cantapeta Creek – photo by C.S. Hagen

“They’ve also encouraged the local economies to participate in the siege by denying support to those trying to secure goods for camp,” Sanderson said. Sanderson retired from the US Army in 2015 as a Sergeant First Class. He was a designated marksmen and was awarded the Purple Heart after being wounded in Baghdad, Iraq during Operation Iraqi Freedom.

Riot police spray activists at Backwater Bridge – photo by Rob Wilson Photography

“They make it seem like we’re all coming with intentions of building bombs and getting into confrontations, they’ve successfully turned a large group of Americans against veterans.”

Psychological warfare

Next came psychological and according to some, biological warfare. Although Morton County denied the use of chemicals against activists near Standing Rock, more than 40,000 pounds of Rozol Prairie Dog Bait, an anticoagulant rodenticide, were purchased by a nearby rancher, David Meyer, of Flasher, according to the United State Environmental Protection Agency. A portion was spread across more than 5,408 acres of nearby pasturelands in the spring of 2016, the same time activists began gathering at Sacred Stone Camp. Investigators said the chances any of the more the 20,000 people who traveled through Standing Rock being poisoned were remote, nearly impossible, but many activists retain their doubts. Questions have arisen as to whether humans now suffering what is known as the “DAPL cough” might not have been affected.

Frozen water at Backwater Bridge – photo by Rob Wilson Photography

“There have been no substantiated clinical cases of Rozol poisoning traced back to camp exposure,” NDResponse.gov, a state information delivery platform said. “Wood-burning stoves, kerosene heaters, and other temporary forms of heat have been known to cause lung, nose, and eye irritation. An ongoing cough is not consistent with Rozol exposure.”

Sound cannons, attack dogs, and tactics causing hyperthermia, were also used against activists admittedly trespassing during their repeated marches on the pipeline.

Airplanes and helicopters surveyed the camps daily. Cyber warfare ensued, including reports of mass data seizures, electronic bugs, stolen files, according to the Lawyer’s Guild Mass Defense Committee and nonprofit Geeks Without Bounds.

Coldness of river, evident by discoloration on activist’s back – photo by C.S. Hagen

Medics battle hypothermia and hurry to warm activist – photo by C.S. Hagen

And then came Standing Rock’s victory on December 4, celebrated as joyous news to many activists. Standing Rock Tribal Council asked everyone to return home, winter was coming, and the camps’ numbers dwindled.

Some, including Iron Eyes, stayed. The December victory was an ingenious stall of time, he said. A besieging army would never dare attack a force with far superior numbers.

“December 4 was no victory at all,” Iron Eyes said. “We didn’t win. They told us to go home because ‘we won,’ ‘our prayers were answered.’”

State tactics were seemingly pulled straight from a page of Sun Tzu’s ‘Art of War.’

“It turned the Standing Rock Sioux Tribe, under economic duress, against the same people they were supposed to protect.” He is currently in Canada, but plans to return to Standing Rock later this week. He faces a Class C felony charge of inciting a riot, and he’s also planning lawsuits against Morton County.

“Morton County is trying to throw me back in prison,” Iron Eyes said. In addition to being the founder of media outlet Last Real Indians, Iron Eyes ran for a congressional seat in 2016. “It seems ludicrous to me.”

Iron Eyes is worried that the Army Corps’ deadline for all camps to be evacuated by February 22 will be the government’s final assault.

“I’m afraid it will look like the Siege on Fallujah,” Iron Eyes said.

Activists hugging each other as law enforcement issue final warning to move – photo by C.S. Hagen

VeteransRespond

When pipeline proponents’ savior, President Donald Trump, ascended to the White House in January, political attacks intensified. In addition to Morton County Sheriff’s Department propaganda program entitled “Know the Truth,” which includes short videos from the law enforcement side of the controversy, the state kickstarted a website called NDResponse.gov, a “a single source of accurate and timely information.”

Veterans for Standing Rock before the former Oceti Sakowin Camp sacred fire on December 4 at – photo by C.S. Hagen

Politicians, including Representative Kevin Cramer, R-N.D., Morton County Sheriff Kyle Kirchmeier, and Morton County Commissioner Cody Schulz called activists paid protesters, and blamed missing livestock in the area on activists while the case is still ongoing by the North Dakota Stockmen’s Association.

“As many as 14 dead or missing animals have been reported in the vicinity of the encampments,” NDResponse.gov reported. “Whether any of those animals were consumed illegally is part of an ongoing investigation.”

The state is further attempting to sway public opinion by depicting activists as careless by disseminating video of trash being compiled at the former Oceti Sakowin Camp. The state’s official stance is that activists are trucking garbage to one camp location and dumping it for a consolidated pick up, but at the same time report officers are digging through the trash looking for dead bodies.

“The veteran community is being targeted as they would a minority,” Sanderson said. “We feel like the supporters of the civil rights movement.”

Although more than 700 people have been arrested, Morton County Sheriff’s Department broadcasted a case on Monday saying “Leader of VeteransRespond Cited for Drug Possession.” Matthew Crane, VeteransRespond chief operations officer, who uses medical cannabis to treat PTSD, and three others were cited after they traveled beyond the road closure sign on Highway 1806 near Fort Rice.

Matthew Crane – Facebook page picture

“One of the occupants turned over a smoking device identified as a pipe used to ingest marijuana,” the North Dakota Joint Information Center reported. “At that point, all occupants and their luggage were removed from the vehicle and searched by the K-9. A bag of marijuana was located with Crane’s name on it.”

Medical Marijuana was legalized by every state district in North Dakota last November. The bill, known as the North Dakota Medical Marijuana Initiative, is currently under review after being postponed and rewritten by state legislature.

Posted on the VeteransRespond’s Facebook page, volunteers have begun to arrive at the Standing Rock camps. They’ve been chopping wood, setting up kitchens, and helping with the trash situation.

Fueled by a national wave led by “alternative facts” and President Trump’s big oil agenda, Pro DAPL supporters have stepped up their attacks – verbal and physical – against anti DAPL supporters lately, Sanderson said. Verbal attacks are hitting online, and law enforcement is hunting veterans on the roads. Some media outlets have reported that the Federal Bureau of Investigation’s terrorism task force is aggressively monitoring people affiliated with the No DAPL movement.

“Much of this negative energy is a result of two encounters with law enforcement, one in North Dakota and another in South Dakota,” Sanderson said. “Our Chief Operations Officer, Matthew Crane, was cited for having less than a gram of medicinal cannabis on him, he took ownership that it was his and received a ticket. He was not arrested. The Morton County Sheriff’s department felt necessary to issue a press release about this citation calling our organization out by name and inaccurately attributing an arrest in South Dakota to our organization.”

Travis Biolette was traveling through Sough Dakota and was arrested for possession of hash oil, Sanderson said. Biolette is not a member of VeteransRespond, but the group picked him up when he was released from jail.

“While we respect state and federal laws we also respect the right to a veteran’s safe access to his or her medicine,” Sanderson said. “Many of our core members suffered from opioid and amphetamine addiction upon leaving the service and have found a better way forward with the help of medicinal cannabis.”

Biolette is in good spirits, and currently at the camps, he said on his Facebook page.

“As soon as the police found out I was going to Sacred Stone Camp I was placed in the police car and searched,” Biolette said. “I am currently free and have to go to court on February 27th. I am looking at five years in a state penitentiary of South Dakota for medical marijuana that the state of Michigan has determined I need. I am currently looking for legal representation to prevent that prison time.”

“It’s hard to imagine a time in America when police officers would target a veterans group for trying to help a community and support our fellow vets,” Sanderson said. “They certainly do all they can to deny support to the camp and use disinformation and propaganda against anyone who tries to help, even those like us that come in peace.”

Sanderson previously joined the December veterans at Standing Rock, and said at that time 300 cots provided by the American Red Cross were denied entry to Standing Rock by Morton County Sheriff’s Department.

In total, 705 people have been arrested since August 2016, with 92 percent of those arrested from out of state, 212 people arrested had prior criminal records, 33 arrested had a history of violence, 40 with a history of theft, robbery, or burglary, and 41 previously cited or arrested for drug possession, according to the North Dakota Joint Information Center.

The total cost to taxpayers in North Dakota so far is $32.9 million, with $25 million going to salaries, $3.6 million going toward personnel support, including travel and lodging, and $4.3 million going toward equipment and supplies to survive the winter, according to the North Dakota Joint Information Center.

The North Dakota Department of Transportation announced on Monday that Highway 1806 closure point was changed from south of Mandan to County Road 135, north of Fort Rice, allowing eight more miles of open highway.

North Dakota Legislature

The Peace Garden State’s political siege against those who openly differ in opinion has taken the frontline in the forms of proposed bills to strike fear into activists and future protesters. One of the bills hit activists in the pocketbooks, another tried to legalize the “unintentional” killing of protesters.

North Dakota Legislative ‘scoreboard’ on HB 1203 – photo provided by North Dakota Human Rights Coalition

House Bill 1203, the proposal that attempted to legalize the unintentional running down of protesters blocking public roadways died in the house on Monday. Other bills created as direct responses to the DAPL controversy have passed the house and will soon be voted on in the senate: House Bill 1304, the law that would outlaw wearing ski masks and face coverings in public, House Bill 1293, the bill that would essentially legalize shooting to death trespassers even if there was space to retreat, House Bill 1426, which stiffens laws against protesters, and House Bill 1193, which prohibits “economic harm” due to disorderly conduct.

Senate Bill 2337, a bipartisan bill that would have enacted cultural competency training for legislators was killed 26 to 20 on Tuesday.

“A ‘disease of the mind’ has set in world leaders and many members of our global community,” Keeper of the Sacred White Buffalo Calf Pipe Arvol Looking Horse said. “With their belief that a solution of retaliation and destruction of peoples will bring peace. We need to understand how all these decisions affect the global nation; we will not be immune to its repercussions.”

Critics: Legislators Attempt To Rewrite Measure 5 is “Abomination”

February 8, 2017 / CSHagen / 0 Comments

Measure 5 postponed with Senate Bill 2154, then altered with Senate Bill 2344

By C.S. Hagen
FARGO – Days after North Dakota Legislation declared an emergency measure postponing Measure 5, or the North Dakota Medical Marijuana Initiative, a new bill was proposed.

Measure 5 is gutted, the bill’s initiator Rilie Ray Morgan said. More than 80 percent of the bill has been changed. Testimonies will go before the Senate Human Services Committee on Wednesday.

“It’s an abomination,” Morgan said. “Like I said it’s a punch in the gut to the patients of North Dakota, and a slap in the face to the voters of North Dakota. The state legislature has an agenda where they are totally opposed to cannabis in any form. They’re not going to let people have it unless they are willing to pay for it.”

Morgan initiated the measure, also known as the North Dakota Compassionate Care Act, to offer those suffering from seizures, chronic pain from cancer, glaucoma, HIV, hepatitis C, Crohn’s Disease and other illnesses an alternative to big pharmaceutical prescription painkillers.

The former Senate Bill 2154, now known as Senate Bill 2344, was a bipartisan bill introduced by Senator Rich Wardner, R-N.D., and Senate Dem-NPL Leader Joan Heckaman, and approved by the Delayed Bills Committee.

“I think it was in the making, they were contemplating, they were working on this bill for a while,” Representative Pamela Anderson, D-N.D., said. “The people have spoken. And we are not stupid or ill-informed voters in North Dakota.”

Since the day after the measure was voted in, telephones inside the North Dakota Department of Health have been ringing off the hook, Wardner said. The bill he co-introduced was to ease the pressure off the health department.

“People need to back off,” Wardner said of the people calling the health department. “They’re upset they can’t grow it. They’re upset because they can’t smoke it. But the health department has to have some money to go out and regulate it.”

Regulation is needed, Anderson said, but the differences between state and federal laws shouldn’t be an obstacle the Peace Garden State, which has a long history of suing the federal government, can’t get over.

“We have smart people in the health department, smart people who can help implement this. If we have to spend some money, then I guess we do. At some point it will be self sustaining.”

Thirty states across the Union have passed medical marijuana laws. Critics point to how closely SB 2344 resembles Minnesota’s laws pertaining to medical marijuana, and that Minnesota is already undergoing and discussing changes and expansion after only two years of implementation.

“There isn’t a state who has passed medical marijuana who has undone it. What are we afraid of?”

Wardner is against putting the financial burden on the taxpayers, he said. His bill would create four manufacturing compassionate care centers, eight dispensaries with a possibility for more, but take the ability for designated people to grow up to five plants at home away. Users would also be limited to marijuana oil and pills; no cannabis leaf would be available under SB 2344.

“Manageable regulation and enforcement,” Wardner said is the reasoning for the new bill.

“If that’s the case, why are they eliminating pediatrics?” Anderson said.

“Are we listening to the people? We do have a legislative process down here, and we will have a hearing tomorrow and they can make their case for it.”

Much of the first few pages of the original bill are crossed out. Some of the changes the Senate Bill 2344 include:

Limit the types of usable marijuana to medical marijuana oil and pills, whereas the original bill voted in by every voting district in the state chose dried leaves, flowers of the marijuana plant, any mixture or preparation of those dried leaves and flowers, tinctures, and ointments.
Raise the non-refundable application fee from $125 for the first year and $25 for subsequent years as stated in original bill to an amount not to exceed $300 in Senate Bill 2344.
Raise the Compassionate Care Centers’ renewal fee from $25,000 a year to an amount not to exceed $100,000.
The new bill was intended to assist people with low incomes; the new wording would keep money in state hands.
State would limit the number of dispensaries instead of allowing the free market to decide how many dispensaries are needed.
New bill would deplete the original nine-member advisory board to four members.
New regulations, if passed, would reduce the amount of medicine a patient can receive by half.
The new bill would limit the options parents have for their children down to one type: pediatric medical marijuana oil, and would also limit the number of physicians who would be authorized to prescribe marijuana.
SB 2344 would disqualify anyone with a misdemeanor offense on record in past five years from being a caregiver; the original bill stated those convicted of a felony offense are prohibited from serving as a designated caregiver.

“The lawmaker’s decision to disregard the will and words of their constituents is both arrogant and troubling,” Jason Spiess, a longtime researcher and writer on the cannabis issue, said. “Voters should be very concerned at the rewriting and the handling of this measure, especially when nearly 64 percent of the public voted for it. Whether or not one supports marijuana law reform, the legislators’ attitudes and actions are an affront to the democratic process.”

Anderson has been busy studying the new senate bill, and has been talking to legislators about the bill’s ramifications. Under the new bill, only seven doctors in the state, five in Fargo, and two in Bismarck, would be authorized to certify prescriptions for marijuana to patients, Anderson said.

Under the new bill, children in need of marijuana would be restricted to the the types of doctors they could see; young 20-year-old veterans from foreign wars suffering from Post-Traumatic Stress Syndrome would still have to seek parental permission to use marijuana.

“State laws shouldn’t state how much it is,” Anderson said. “It makes no sense when they can prescribe mind-altering pharmaceutical drugs with no issue. “I think people voted for medical marijuana and with this Senate bill they’re not going to get it.

“Basically I’m saying it’s not medical marijuana for our kids at this point.”

Spiess has been alerting legislators as well, he said, and has heard that at least ten people from Fargo will give testimony in Bismarck before the Senate Human Services Committee on Wednesday.

Morgan’s wife is taking a carload of people to the testimony, he said.

“I firmly believe that the legislature put this out there to find out how bad the pushback is going to be,” Morgan said. “They’re going to see how much they can get away with. I wonder if they did any surveys to determine if the voters really knew what they were voting for? Did they talk to voters? I’ve never seen that.”

Civil disobedience

While on his way to tee time in Bismarck in 2011, Mark Krein, 42, a Fargo resident, was pulled over for making a “California stop” at a stop sign, he said. The arresting officer suspected marijuana, and discovered less than the ounce in Krein’s pocket.

He spent three days in jail, because he refused to talk, he said. The story of Andrew Sadek, a college student in Wahpeton, who was arrested for pot possession, turned informant, and later found with a gunshot wound in his head in the Red River came to mind.

“Bite your tongue,” Krein said. “Take your pain. I don’t want to get anyone in trouble.”

Police records show that he was initially arrested on a felony, which was plea-bargained down to a Class A misdemeanor.

“They were so pissed off at me because I wouldn’t talk to them,” Krein said. “They were threatening me, and threw me in jail for three days, and made up how much weed I had.”

He refused to answer questions from police on where he obtained the marijuana, and pled guilty to possessing less than one ounce.

State prosecutors eventually offered him a plea bargain. In the meantime, Krein said his lawyers took issue with police procedure weighing the marijuana in two batches, sending half to the crime lab.

“How come they didn’t send it all there?” Krein said. “They didn’t have an ounce so they tried fudging it. So they threw me in jail over the Fourth of July weekend, when I should have been released on my own cognizance.”

Krein ended up paying more than $9,000 in court fees, fines, and drug tests. He wonders how much the state had to pay for his initial arrest and confinement, a police raid of his home by seven officers who discovered less than a gram of recreational marijuana, a 100-watt light bulb, and a High Times Magazine.

He waited nearly a year before being charged again, but this time with manufacturing marijuana and possession, he said.

“After they came to my house, they waited 363 days to come charge me,” Krein said. “Can you believe that? A few days before the statute of limitations took effect and they could no longer charge me. Imagine being at work and waiting for the cops to come and arrest you. I knew it was coming.”

The state’s plea bargain initially included 15 days in jail, a $500 dollar fine, and years of supervision. He said no. He wanted trial by jury.

On the day of the trial, the prosecuting attorneys did not show in court. The judge levied a $200 fine, and told him to go home.

Although he did not sign the recreational marijuana bill last year, he did sign the medical marijuana measure.

“They could be using it as a revenue stream,” Krein said. “SB 2344 needs to just get killed.”

Last year, Krein also battled oral cancer. “Now I have even more invested interest in this than before.” Reasons why the legislature wants to ban smoking or vaping is because marijuana in the leaf form is instant medicine, he said. Oils, however, take approximately an hour to take affect.

The people have voted on what they want, Krein said, anything less won’t be acceptable. The way the bill is written now will become a further burden to taxpayers by increasing police and court workloads, and exacerbating already full jails.

“People are going to do civil disobedience,” Krein said. “That’s what I’m gonna do. If they say you can’t grow your own plants, well, you wanna bet? If they come and bust me, arrest me for growing my own medicine, then I’m going to go for a jury nullification because you guys didn’t keep up your part of the bargain and apparently 64 percent of the people in this state say so, so I’m going to take a jury trial and they’re going to let me go.”

Potential civil disobedience against SB 2344 didn’t faze Wardner.

“They will have to take that up with the judge,” Wardner said. “I’m not a lawyer or a judge.”

He didn’t sound optimistic about Wednesday’s hearing before the Senate Human Services Committee.

“I probably won’t have a rear end after tomorrow,” Wardner said. “I think it’s going to go through the Senate, but I don’t know what is going to happen in the House.”

Heckaman, also listed as an introducer of the SB 2344, didn’t answer telephone calls or reply to emails by press time.

Types of leaf marijuana at Choice Organics, Fort Collins, Colorado - photo provided by Jason Spiess

“Kicking the Cannabis Can”

February 4, 2017 / CSHagen / 0 Comments

State legislators ignore the will of the people by postponing medical marijuana, critics say

By C.S. Hagen
FARGO – State politicians are playing an exclusive game of ‘kick the can’ with Measure 5, or the North Dakota Medical Marijuana Initiative, which was approved overwhelmingly in every voting district in the state last November.

The people of North Dakota apparently are not invited to play, critics say.

Nearly 80 days after the measure’s passing, the Peace Garden State suspended parts and postponed the entire bill, according to Senate Bill 2154. The bill sat on Governor Doug Burgum’s desk on Monday, January 23, awaiting his signature.

Those hoping for the state to implement the law are angered, saying the state is dragging its feet. Others say state bureaucrats think they know better than their constituencies. The state says it’s mostly a matter of semantics. Either way, Measure 5 was supposed to be state law 30 days after the November election.

“They’re going to kick the can down the road, and if it doesn’t get done by July 31, then it will go to Biennium, the next legislative session, so essentially they’ve kicked the can down the road for two years,” the measure’s co-author, Riley Ray Morgan, said. He initiated the measure, also known as the North Dakota Compassionate Care Act, to offer those suffering from seizures, chronic pain from cancer, glaucoma, HIV, hepatitis C, Crohn’s disease, and other illnesses an alternative to big pharmaceutical prescription painkillers.

“It’s ridiculous. They’re trying to dumb this down and gut it.”

“There are a lot of things on the bill that were conflicting,” North Dakota Department of Health Public Information Officer Jennifer L. Skojd said of Measure 5. The North Dakota Department of Health cited 13 issues with the measure’s wording that gave state legislation pause, including possible decriminalization for possession of marijuana to current federal regulations.

Skojd understands how many can think the state is dragging its feet, but she stressed that the bill’s language and the lack of appropriations made it impossible for her department to take further steps. “So we were just patiently waiting until they said here is your funding for it.”

Some of the issues the North Dakota Department of Health raised included proper packaging, issues, and in what forms medical marijuana should be offered. Some of the issues are valid, Morgan said, but most can easily be rectified, such as setting legal age limits for purchasing marijuana.

Senator Rich Wardner, R-N.D., is one of the introducers of the bill and the bill’s main sponsor. He said there are no conspiracies within the North Dakota Legislature pertaining to Measure 5.

“Nobody is dragging their feet,” Wardner said. “We’re trying to get it done as quickly as possible. The bottom line is to give the health department time to get their people and rules in line to regulate medical marijuana.”

Some states that have legalized medical marijuana have taken up to two years to finalize regulations, Wardner said. Since the measure’s passing, the North Dakota Health Department and the State’s Attorney General’s office have worked hard at drafting the bill, he said.

“They’re just not ready yet. We have a bill written and we’re going over it, double checking it, and they just need until July 31 to get it all in place. You’re going to get medical marijuana, and you’re going to get nothing more and nothing less. We are going to make sure people get medical marijuana because that’s what this is all about.”

Jason Spiess, a longtime researcher and writer on the cannabis issue, isn’t convinced of the senator’s claims.

“In my opinion, there’s a culture there that does not want this particular vein of industry to make its way into North Dakota,” Spiess said.

Prior to Measure 5’s passing, Spiess assisted several national media outlets with cannabis election features – including Marijuana Venture magazine and The Cannabis Caucus 2016. He interviewed more than 60 people working in law enforcement, marijuana dispensaries, government, and finance from around the country, and found that not one person believed medical marijuana was causing more harm than good.

“It really appears like the public officials really don’t care what the people want, and they are dragging their feet,” Spiess said. “In my opinion, they do not want this industry in the state. They will deny it, but I tend to go with actions over words.”

As an owner of The Crude Life Media Network, Spiess also writes a weekly energy column for the Bismarck Tribune, and frequently writes for national magazines on oil and gas issues. Cannabis caught this writer’s mind last year, not specifically as a medical treatment, but perhaps as an alternative and lucrative industry for the state.

Tinctures at Choice Organics, Fort Collins, Colorado – photo provided by Jason Spiess

“It’s sad that there are people in severe pain and entrepreneurs waiting to start new businesses, yet the the state’s political mindset is that they know better than the majority of North Dakotans,” Spiess said. “Measure 5 received so many votes it actually became a mandate, yet the public officials are playing politics with it. I feel sorry for the voters that there is no oversight or accountability with North Dakota’s elected officials.”

Spiess continued with his displeasure towards the handling of the mandated measure.

“This is not about smoking pot, it’s about how elected officials are bumbling this too. It’s about them not listening to the people, being secretive and playing petty politics,” Spiess said. “To me, that’s the big story with Measure 5. It is a mandate, and now the politicians are trying to double speak their way out of it.”

Although marijuana in any form is still considered illegal by the federal government, North Dakota’s reputation for listening to big brother’s wishes should not be considered a reason for the state’s hesitancy on Measure 5, according to Spiess. A state dominated by industry, especially agriculture and energy, North Dakota and the federal government often butt heads in court. North Dakota sues the federal government so much that in June 2015, the state passed House Bill 1432, effectively creating a slush fund of $1.5 million for suing the federal government.

Marty Riske, who ran on the Libertarian ticket for governor in 2016, said he waited inside the capitol building in Bismarck and wanted to participate in the Senate hearing for the measure’s institution. He arrived at 8:30 a.m., but the proposal to postpone came and went before he was alerted.

“Nobody knew this thing was happening, that I knew,” Riske said. “I was there, I could have been there and testified.

Riske added that he believes North Dakota legislators want tight control, funneling profits to where they want.

“For some reason the bureaucracy feels they have to invent everything,” Riske said. “They have to do everything from ground zero. This is a measure of the control they want to have over it. They’re trying to figure out who gets the money from what’s going on. It’s a money game.”

Morgan and Riske are both concerned that politicians will kick the cannabis can until loopholes can be found to circumnavigate the will of the people, or that funding for the measure will be buried inside a massive bill and then go unfunded. Morgan expressed further concern by saying legislators do not relish the idea that a medical cannabis user or a surrogate grower would be allowed to grow the plant for medicinal uses under the current bill. The state wants total control over the trade, Morgan said.

“You’re going to have medical cannabis for the rich, and nobody else,” Morgan said. “If you can grow it at home, or a surrogate grower can grow it for you, it won’t cost you $800 a month.”

Skojd understands local anger pertaining to the postponement.

“From a high level view I can see why people would think that,” Skojd said. “There is a lot of suspicion of government these days, and I can see why somebody might think that.”

For now, the implementation of medical marijuana is out of the North Dakota Department of Health’s hands, Skojd said. No monies have been allocated, or will be allotted for at least the next six months.

“It needs to be a working measure that is strong and well worded, and easy to understand for everybody. I definitely personally feel for those people who are in pain, or suffering and hoping this will alleviate that for them, none of us in our department want to see people suffer. At the same time we are looking forward to something that is really solid, and something we can work with.”

Senator Erin Oban D-N.D., said the bill was supported by Republicans and Democrats alike.

“It is rare I put trust in the motives of certain legislative leaders in this place, but not only was this bill supported by the Dem-NPL legislative leaders, it has unanimous support of the Senate Human Services Committee.”

Oban further reported the Health Department is working on a bill that would set limitations on the number of growers, dispensers, and potency of medical marijuana.

“I will be the first to stand with my district and every other of the 47 legislative districts in this state that passed Measure 5 if there are political motives to undermine the voters,” Oban said.

Morgan, a stockbroker who suffers from debilitating pain including drop foot, said the state’s response to the measure has left him with two choices.

“We can obviously take them to court,” Morgan said. “However, there is another option, which is to start another initiated measure to get things squared away for the legislature.”

The governor’s office was not prepared to make a statement on the issue as Burgum has three days to sign the bill, Mike Nowatzki, communications director for the governor’s office, said, despite the fact Burgum said on multiple occasions during his gubernatorial campaign that if Measure 5 passed, he would sign it into law immediately.

Representatives Al Carlson, Corey Mock, Wardner, and Senator Joan Heckaman introduced the bill to postpone any immediate decisions on the North Dakota Compassionate Care Act. Carlson and Heckaman did not respond to interview requests nor returned telephone calls.

Earlier in January, the state legislature introduced other bills including House Bill 1203 hoping to legalize the unintentional running down and killing of individuals obstructing vehicular traffic on public roads, House Bill 1151 which would exempt oil companies from reporting spills less than 420 gallons, House Bill 1304, which attempted to make illegal the wearing of ski masks on public roads in North Dakota, and Senate Bill 2315 was also introduced recently, an act that proposes the legalization of killing a violent intruder even if escape was possible or when trying to escape arrest after committing a violent felony.

In addition, Carlson, also the Republican House Majority Leader, praised Confederate soldiers on Martin Luther King Day during a speech, and Senator John Hoeven R-N.D. asked the Bureau of Indian Affairs to clear the protesters camped against the Dakota Access Pipeline outside of Cannon Ball.