The South Dakota governor has signed into law a bill that requires patients to check a box when applying for a medical marijuana card affirming they are aware that federal laws prohibit cannabis consumers from purchasing and possessing firearms.
Gov. Kristi Noem, a Republican, gave the final approval of the legislation to Gov. The legislation is a modified version of Rep. Kevin Jensen’s (R) original bill, which required that prospective patients sign their names on the application in order to acknowledge federal gun rules.
A South Dakota Senate Committee rejected last month a different, controversial House-passed measure that would have mandated medical marijuana dispensaries post notices in their businesses to warn patients about the federal ban on guns for cannabis consumers. Failure to post warnings could have resulted in daily fines for those who did not.
Last month, the House passed both cannabis-related gun measures, but only the modified version of the bill that mandates patients to check the box for firearm disclosure when submitting their application.
Jensen, at the last committee hearing held in October, said that his Bill “does nothing more than inform the people.”
The Governor stated that the gun legislation and four other measures unrelated to public health, which she signed Monday, will “keep South Dakotans in safety.”
Signing this legislation will help keep South Dakotans healthy and safe.
These bills keep our healthcare professions fair and protects our people from xylazine, a deadly drug otherwise known as the “zombie” drug.https://t.co/q64UrEA1Ov
Governor Kristi Noem 13 February 2024
In numerous federal court cases, the federal Justice Department insisted that cannabis users should not be allowed to possess guns. They argued at times that marijuana users pose a unique risk, similar to allowing people with mental illnesses to own firearms.
The U.S. Supreme Court is currently considering whether to take up the question of the constitutionality of the federal gun prohibition for marijuana users.
The Supreme Court is expected to decide if they will hear the federal government’s appeal of a Circuit Court ruling which found that the firearm restriction was in violation of the Second Amendment.
The U.S. Court of Appeals, Fifth Circuit made the ruling after examining the federal law known as Section 902(g)(3). This statute prohibits anyone who is an “unlawful drug user” from purchasing or possessing firearms. The court ruled that the policy was unconstitutional when it applied to a man convicted for using cannabis while in possession a firearm.
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A little-noticed FBI memo from 2019, which recently surfaced, shows that the federal government generally does not view it as a crime for medical cannabis caregivers or growers to own guns.
In the first half of the current two-year legislative session, Republican lawmakers filed two bills that focused on marijuana and gun policy.
Rep. Brian Mast, co-chairman of the Congressional Cannabis Caucus and a member of the House of Representatives, introduced legislation in May that would protect the Second Amendment right of marijuana users in states where the drug is legal. This would allow them to buy and possess firearms, which they are currently prohibited to have under federal law.
Senate Majority leader Chuck Schumer (DNY) has promised to attach that legislation to the bipartisan marijuana banking bill, which advanced out of a committee in September.
Mast is also sponsoring a separate Bill from Rep. Alex Mooney (R-WV), in this session, which would allow medical marijuana patients to buy and possess firearms.
A Republican Senator in Pennsylvania has announced that he will introduce legislation soon to remove state laws prohibiting medical marijuana patients from carrying firearms.
Last month, a Pennsylvania district prosecutor and gun rights activists filed a suit in federal court to overturn he ban on medical marijuana patients being able to buy and possess firearms.
Maryland senators recently passed a bill that protects gun rights of medical marijuana patients.
In South Dakota, officials cleared the way recently for paid circulators to start collecting signatures in 2024 for a ballot initiative to legalize marijuana. The activist-led campaign is still evaluating next steps.
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The original Marijuana Moment article South Dakota Governor signs bill requiring medical marijuana patients to acknowledge federal gun ban first appeared.
