South Dakota House Bill HB1314

South Dakota 2022 Regular Session

• Introduced: 2/2/22
• Refer: 2/4/22

Caption

Prohibit the personal possession of a loaded firearm while in possession of cannabis or cannabis products and to provide a penalty therefor.

Impact

If enacted, HB1314 would add a new provision to existing state laws, specifically outlining that an individual carrying a loaded firearm cannot simultaneously possess cannabis. The introduction of this bill could lead to increased scrutiny over enforcement practices and how law enforcement identifies violations. Existing laws would be amended to classify possession of a loaded firearm in conjunction with cannabis as a Class 1 misdemeanor, thereby carrying specific penalties for offenders.

Summary

House Bill 1314 aims to establish legal penalties for the possession of a loaded firearm when an individual is also in possession of cannabis or cannabis products. The bill reflects ongoing conversations about public safety and the regulation of firearms in relation to the use of substances that may impair judgment, such as cannabis. This legislation is particularly significant in a context where cannabis legality is evolving, and there are diverse perspectives on how to balance public safety with individual rights.

Contention

Several points of contention regarding HB1314 revolve around the implications of extending firearms restrictions to individuals who possess cannabis. Advocates of the bill argue that it is a necessary measure to enhance public safety by reducing potential risks associated with carrying firearms while under the influence of substances that could impair judgment. Conversely, opponents contend that the bill may infringe upon the rights of lawful gun owners and those who use cannabis legally, pointing out concerns regarding the potential for discriminatory enforcement and the stigmatization of cannabis users.