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South Dakota House passes bill notifying medical marijuana card holders cannot legally purchase firearms

(South Dakota Broadcasters Association) The South Dakota House passed two bills Tuesday that would notify medical cannabis cardholders that they cannot legally purchase firearms under federal law.

All forms of marijuana, including state-approved medical marijuana, are Schedule 1 controlled substances under federal law, meaning the feds believe it has no medical uses.

The sponsor of the bills–HB1024 and HB1036–Republican Rep. Kevin Jensen from Canton, says the bills do not infringe on a South Dakotan’s ability to get a medical marijuana card.

“All this bill (HB1024) would require on the application for a medical marijuana card is the same language used on the federal form (to purchase a firearm),” Jensen said.

HB1024 passed 68 to 1.

HB1036 would require a marijuana dispensary to post language similar to the federal firearm application that a medical cannabis cardholder cannot purchase a gun.

Jensen said to comply, all a dispensary would need to do is print out the language on a sheet of paper and post it near the cash register or the door.

Jensen, who teaches gun safety and courses to obtain concealed pistol permits, says many people don’t know that they could be harming their Second Amendment rights if they have a medical cannabis card.

“It is simply to inform the public that this is federal law,” Jensen said.

HB1036 passed 42 to 27.

Both measures are now headed to a Senate committee. 

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In Touch 2/28/24

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