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State loses pot trial in Flandreau

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FLANDREAU, S.D. (KELO AM) The nationally watched marijuana trial in Flandreau, South Dakota, ended on Wednesday with a verdict of 'Not Guilty'.

Prosecutors had argued that Eric Hagen with Monarch America was in possession of the drug that the Santee Sioux were planning to use for a pot smoking resort.

But the defense claimed the tribe always controlled the pot, not Hagen. He and his company are based in Colorado where the drug is legal.

The Moody County jury declared Hagen not guilty of three felony charges of marijuana possession. The jury deliberated for just a couple of hours.

South Dakota Attorney General Marty Jackley said he respects the decision of the jury. However the 2018 Gubernatorial candidate did issue a statement calling on the tribe to consider the possible public health hazards of the pot resort before restarting the project. 

This trial had potential implications for both the legal marijuana industry and for the issue of Indian sovereignty.

The Sante Sioux Reservation, about 45 miles north of Sioux Falls, was hoping to become the first Indian tribe in the nation with a marijuana resort, but destroyed the crop and put the plan on hard hold after fears of a federal raid.

(KELO Radio's Mike Leischner contributed to this report)


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