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MARIJUANA MOMENT
SOUTH DAKOTA SENATORS KILL BILL TO FINE MEDICAL MARIJUANA DISPENSARIES THAT
DON’T WARN PATIENTS ABOUT FEDERAL GUN BAN
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* Judge Orders Alabama Medical Marijuana Regulators To Testify In Licensing
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POLITICS
SOUTH DAKOTA SENATORS KILL BILL TO FINE MEDICAL MARIJUANA DISPENSARIES THAT
DON’T WARN PATIENTS ABOUT FEDERAL GUN BAN
Published
3 hours ago
on
January 25, 2024
By
Kyle Jaeger
A South Dakota Senate committee has rejected a House-passed bill to require
medical marijuana dispensaries to post notices at their businesses warning
patients about the federal gun ban for cannabis consumers—though members also
approved a revised version of separate legislation to mandate that patients
check off a box on their medical cannabis card applications to affirm they’re
aware of the firearms rule.
The Senate Health and Human Services Committee took up three pieces of cannabis
legislation during a hearing on Wednesday. The third bill—which would have added
restrictions to ensure doctors have a bone fide relationship with patients
before recommending medical marijuana— was also defeated by the panel.
The House advanced both gun-related cannabis measures earlier this month, but
the committee only passed a dialed-back version of the less controversial
proposal that would now make it so medical marijuana applications would need to
feature a checkbox advising people that their use of cannabis under state law
still means they are ineligible to buy or possess guns under federal statute
that is being challenged in a number of courts across the country.
Virginia senator introduces new bill, pushing for recreational marijuana sales
Virginia senator introduces new bill, pushing for recreational marijuana sales
While the sale of recreational marijuana is now legal in the Commonwealth,
Virginia has effectively upheld a prohibition on purchasing by sidestepping any
opportunity to develop a market for retail sales.
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As passed by the House before being amended in committee, it would have required
the patient to sign their name to confirm they’re aware of the federal rule. The
vote on the revised version was unanimous, 7-0.
“It does nothing but inform the people,” Rep. Kevin Jensen (R), the original
sponsor, said at Wednesday’s Senate hearing.
The other firearm and marijuana measure that the panel defeated would have
required that notices of the federal statute be posted at dispensary entrances
and each register or point of sale. It has proved contentious along is brief
legislative journey, with some industry stakeholders arguing that it imposes an
unnecessary burden on the businesses.
Dispensaries would have been fined $250 per day of non-compliance with the law.
Sen. Michael Rohl (R), who owns a bar, testified at the hearing that the
legislation was anti-business, KMIT reported.
Members first adopted mostly technical amendments to the bill, but the revised
version was ultimately rejected in a narrow 3-4 vote.
Under the bill, the sign that South Dakota medical cannabis dispensaries would
have needed to post would read:
“WARNING: Federal law prohibits the possession of a firearm by certain
individuals who are users of or addicted to marijuana. See 18 U.S.C. § 922(g).”
Meanwhile, the committee also defeated a proposal to modify the rules for
doctors to issue medical cannabis recommendations by mandating that there must
be a “bona fide practitioner-patient relationship” prior to receiving the
authorization.
In order to establish that there is such a relationship, the recommendation
would have needed to come from the patient’s primary care provider who was
specifically treating the condition for which medical cannabis would be used, or
a practitioner to whom the patient’s primary care doctor referred them.
Practitioners who issued cannabis recommendations without meeting those
requirements would have been subject to a “civil penalty” or “disciplinary
action.”
With respect to the marijuana and firearms issue, the federal Justice Department
has insisted on the necessity of the banning cannabis consumers for possessing
guns in numerous federal courts, arguing at points that people who use marijuana
pose a unique danger, akin to permitting people with serious mental illness to
own firearms.
The question over the constitutionality of the federal gun ban for people who
use marijuana is now before the U.S. Supreme Court, which is considering taking
up the issue.
—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Justices are expected to decide whether they will hear a federal government
appeal of a circuit court ruling that found the firearm restriction violates the
Second Amendment.
The ruling came from the U.S. Court of Appeals for the Fifth Circuit, which
examined the federal statute known as Section 922(g)(3) that prevents someone
who is an “unlawful user” of an illegal drug from buying or possessing firearms.
The circuit court found the policy unconstitutional as applied to a man who
faced a conviction after admitting to having used cannabis while in possession
of a gun.
Meanwhile, a Pennsylvania district attorney and gun rights advocates filed a
lawsuit in federal court this week, seeking to overturn the ban preventing
medical marijuana patients from buying and possessing firearms.
While people who use cannabis are barred from owning firearms under the statute,
a little-notice FBI memo from 2019 that recently surfaced shows that the federal
government generally does not consider it a violation of the law for medical
cannabis caregivers and growers to have guns.
Republican congressional lawmakers have filed two bills in the first half of
this current two-year session that focus on gun and marijuana policy.
Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed
legislation in May to protect the Second Amendment rights of people who use
marijuana in legal states, allowing them to purchase and possess firearms that
they’re currently prohibited from having under federal law.
Senate Majority Leader Chuck Schumer (D-NY) has committed to attaching that
legislation to a bipartisan marijuana banking bill that advanced out of
committee in September.
Meanwhile, Mast is also cosponsoring a separate bill from Rep. Alex Mooney
(R-WV) this session that would more narrowly allow medical cannabis patients to
purchase and possess firearms.
Back in South Dakota, officials recently cleared the way for paid circulators to
start collecting signatures for a 2024 marijuana legalization ballot initiative
as the activist-led campaign continues to evaluate next steps.
> New York’s Sudden Cancellation Of Marijuana Board Meeting Came At Governor’s
> Request, Email Suggests
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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