Watertown City Council Moves to Ban THC Product Sales to Anyone Under 21, Setting State Precedent
- Steve Jurrens
- Oct 27
- 3 min read
Northeast Radio SD News - Watertown, SD - The Watertown City Council unanimously directed City staff to prepare a focused ordinance that will prohibit the sale, purchase, and possession of psychoactive, hemp-derived products to individuals under the age of 21.
The decision was made following extensive testimony detailing the public safety risks associated with the legal loophole that currently treats intoxicating THC beverages and edibles as unregulated "soft drinks."
The Council prioritized a "clean" ordinance that focuses solely on the age restriction, with the first reading scheduled for the upcoming Monday night. Mayor Ried Holien opened remarks…
To ensure the new measure is immediately enforceable, the Council agreed to structure the penalties to align with existing laws for alcohol violations. Chief Tim Toomey of the Watertown Police Department confirmed that the maximum penalty the City can assign for an ordinance violation is a Class 2 Misdemeanor, which carries a maximum fine of $500 and 30 days in jail.
Chief Toomey brought to light the chemicals used on CBD, and Nancy A. Gilbertson, owner of Vape Depot …
Councilman Michael Heuer advocated for this straightforward approach. "I think mirroring the structure of those bills would make sense," he stated. Councilman Allen agreed, noting that the goal is to implement the law quickly: "I believe that's the right thing to do... I think that's a great place to start."
Kari Johnston, Executive Director of the Human Service Agency, spoke, urging the council to consider passing an ordinance…
The ordinance is expected to cover sales, purchases, and possession, and minors who are cited will still retain the option to participate in diversion programming.
A key part of the discussion involved crafting legal language that successfully bans all intoxicating products while excluding non-intoxicating ones, such as certain CBD oils used for medical purposes.
Nancy A. Gilbertson, owner of Vape Depot, advised the Council on precise language to avoid loopholes. She recommended the ordinance restrict any industrial hemp product with THC or any analog or isomer of THC, which covers concentrated components like Delta-8, Delta-10, and THCA.
Kelli Rumpza, Prevention Specialist at the Human Service Agency and organizer of Glacial Lakes SAFE, also stressed the community's need for this clarity, noting the difficulty of educating youth about rapidly changing, deceptive product marketing…
The Council decided to formally separate the age restriction issue from a broader debate over how these products should be classified under the new full-service restaurant liquor license.
A former council member, Mike Danforth, spoke to the council…
A powerful display of community concern came from the youth group Peeps (Peer Educating and Empowering Peers), composed of local middle school students, accompanied by teacher Haley Rao. Rao stated that the students came to advocate for banning THC products for people under 21, noting their surprise that a ban was not already in place. She stressed the importance of adult leaders protecting the community's youth…
Rao warned that because some of the chemically-derived products being sold could be classified as an "altered state," youth who possess them risk being charged with a felony.
In closing, officials stressed that by being one of the first municipalities in South Dakota to address the issue, Watertown is demonstrating vital leadership.
Councilman Mohrmann thanked those who testified, including Gilbertson and staff from the Human Service Agency, and specifically praised the youth group "Peeps" for their advocacy. "The choices we make and the chances that kids will take in that junior high and high school age frame, it will set the course of the whole rest of their life," he stated.
Mayor Holien expressed confidence that the local action could spur statewide legislation, referencing the city's successful ban on synthetic marijuana years ago. "I believe that this might act as a kickstart at the state level. But at the very least, even if it doesn't, we can do right by Watertown," he concluded.
City Manager Alan Stager and City Attorney Lisa Carrico will now prepare the new ordinance for the first reading next week.
