Republicans hate federal gun regulations… until they don’t.
Representative Kevin Jensen (R-16/Canton) offers House Bill 1024, which would require applicants for medical marijuana cards to receive and acknowledge with a separate signature that the federal Gun Control Act of 1968 prohibits pot possessors from packing pistols (or rifles, or bullets). The HB 1024 notice would also require acknowledgment that South Dakota medical marijuana users are violating federal law, which still deems marijuana a controlled substance.
HB 1024 is another erosion of South Dakotans’ right to access the weed they think cures what ails them, a right approved by voters in 2020. It’s bad legislation in that it would write into state law references to federal law that may be on the verge of changing as Congress moves toward decriminalization (come on, Kevin—at least include a de-trigger clause!).
HB 1024 is also another exposure of South Dakota Republicans’ sheer sloganeering hypocrisy. In 2022, Kevin Jensen co-sponsored and voted for House Bill 1052, a dangerous nullification bill that would have banned the state from providing any help in enforcing federal gun laws. That 2022 nullification bill would have prohibited Jensen’s proposal to remind medical marijuana users that they are breaking the federal gun/pot law. Jensen’s HB 1024 co-sponsors include eight other legislators who co-sponsored the 2022 federal gun law nullification (Deutsch, Fitzgerald, Phil Jensen, Mulally, Overweg, Perry, Frye-Mueller, and Stalzer) and one more who voted for it (Gross).
Jensen and his Republican colleagues are thus perfectly happy to use the federal gun laws they oppose to augment their efforts to tangle up the medical marijuana they oppose in more paperwork and bureaucracy.