South Dakota Republican lawmakers have filed a bill to mandate that state-licensed medical marijuana dispensaries post a sign at their businesses warning patients that federal law prohibits cannabis consumers from possessing firearms.
The legislation, led by Rep. Kevin Jensen (R) and Sen. Jim Stalzer (R) and 10 other legislators, comes at a time when the constitutionality of the underlying federal gun ban for marijuana consumers is being challenged in multiple courts.
Under the bill, South Dakota medical cannabis dispensaries would need to post at each entrance to their business and at each register or point of sale a sign that reads:
“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).”
The measure, HB 1036, states that the warning requirement would be suspended if the attorney general certifies that “federal law no longer prohibits the possession of a firearm by certain individuals who are users of or addicted to marijuana.”
Until then, businesses that fail to post the notice would be subject to a civil penalty of $250 per day, with those fees going to state general fund.
The GOP lawmakers also filed a separate bill, HB 1024, that would require state application forms for medical cannabis cards to contain a notice of the federal restrictions on gun possession by marijuana consumers. Patients would have to sign to specifically acknowledge the warning.