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HB 1066: Reduce Penalty for Carrying Loaded Gun While High on Pot

Amidst their newfound fondness for ditchweed, the South Dakota Legislature may lower the penalty getting high and packing heat. Representative Kevin Jensen (R-16/Canton) is proposing House Bill 1066, which revises our weapons laws to add “under the influence of marijuana” to “intoxicated” as a state in which one cannot possess a loaded firearm. The penalty for being loaded and loaded remains a Class 1 misdemeanor.

HB 1066 take the time to define “loaded firearm” as “any firearm that contains a cartridge, shell, or projectile: (1) in the chamber, including any chamber in the cylinder of a revolver; (2) in a magazine that is fixed or integral to the firearm; or (3) in a detachable magazine that has been inserted into the firearm.”

The current statute prohibit drunken shooting doesn’t mention marijuana, because shooting while high is likely covered by SDCL 22-14-12, which makes commission of a felony while in possession of a firearm a Class 2 felony on first conviction and a Class 1 felony for subsequent convictions. SDCL 22-42-5.1  currently makes ingestion of any controlled substance, including marijuana a felony, so being high and packing heat would thus be an additional felony. So if the Legislature manages to persuade Senator Lee Schoenbeck to go with the flow and legalize marijuana, HB 1066 would also reduce the penalty for getting high and carrying a loaded gun.


  1. larry kurtz 2022-01-17 07:50

    Pennington, Bennett and Fall River Counties are 2nd Amendment Sanctuary Counties in South Dakota so are they exempt if Jensen’s bill passes?

  2. Cory Allen Heidelberger Post author | 2022-01-17 08:20

    Hmmm… Fall River and “>Hughes counties’ gun sanctuary resolutions prohibit their employees not to help enforce federal gun restrictions. Pennington County just said yay, guns without making any statement about the enforcement of existing laws. Bennett County Commission hasn’t figured out how to use the Internet yet, but local coverage doesn’t indicate whether their resolution included a nullification clause. None of these jurisdictions appear to have been thinking about state laws setting boundaries on the Second Amendment, perhaps because they spend all their time getting drunk on national conservative media instead of paying attention to real issues at home.

  3. RST Tribal Member 2022-01-17 09:09

    Hey all, SD is getting closer to making the crazy weed easier to get, ingest and wonder around the state of cold stone faces and inbreeds in to many places. The introduction of anything to do with guns into any legislation by the inept inbred Republicans is a telltale sign of acceptance.

    Almost there to hunt or go to a campaign rally with that inner feeling of pleasure that might be caused by either the crazy weed, or licensed killing, or listening to someone rich telling the poor there is a better tomorrow or a combination of the three.

    Speaking of killing people. Only in SD on a public highway, killing someone is a minor infraction if you are a elected inbred Republican who has concrete evidence he/she is inept. Not inept by association or inept until proven not inept, which seems to be a high bar for many inbred Republicans in Pierre, Washington and now Winner. The State’s AG has proven beyond a reasonable doubt he is inept. And cannot keep his attention focused while driving… humm, he should have been checked for crazy weed ingestion.

  4. Mark Anderson 2022-01-17 16:06

    Well Cory, you can sell weed along with liquor at Kesslers and you can pick up your ammo at the same time. One stop shopping. Now if they would just add it to the bar and laundromat just up the street it would save additional time.

  5. oldtimerDon 2022-01-18 17:57

    Let me see if I have this right–
    In SD I can pack heat when and where I want, I can get drunk and run over innocent pedestrians,and maybe even run for higher office, and I can get higher than a kite and shoot the crap out of anything that moves.
    I can easily see a successful target range with pictures of minorities, liberal politicians, media types instead of bullseyes.
    Could even rename the annual pheasant hunt to the South Dakota Games and create a movie series.

  6. John Dale 2022-01-19 08:51

    Just get it overwith.

    Watching South Dakota tangle with MPP on the marijuana issue is like watching retards play chess.

    It can be entertaining and even inspiring, but it feels like we’ll all be dead before we see a winner.

  7. larry kurtz 2022-01-19 09:00

    Still believe the Second Amendment is absolute?

    Think again.

    The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) will make sure you lose your Second Amendment rights if you admit to an addiction to cannabis, therapeutic or otherwise. “Are you an unlawful user of, or addicted to, [cannabis] or any depressant, stimulant, narcotic drug, or any other controlled substance?”

    Last session State Senator Jessica Castleberry tried to convince South Dakota’s deranged legislature to erase federal control over firearms but Senate Bill 149 was deferred to the 41st day effectively killing the measure.

  8. O 2022-01-19 09:00

    Mr. Dale, I object to your use of the pejorative term “retards.” Do better.

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