Require that a dispensary post notice of the federal law regarding possession of a firearm and the use of marijuana and to provide a civil penalty.
Impact
If passed, this bill will impose civil penalties on dispensaries that fail to comply with the posting requirements. The penalty is set at $250 per day for violations, and the penalties collected would be directed to the state general fund. The South Dakota Department of Health will be responsible for the enforcement of this regulation, but it will cease upon a certification from the Attorney General that such federal restrictions no longer apply to marijuana users.
Summary
House Bill 1036 is introduced by Representative Jensen and aims to enforce stricter regulations for marijuana dispensaries in South Dakota. The bill mandates that each dispensary must post a conspicuous warning sign at every public entrance and at each point of sale. This sign is required to communicate the federal law prohibition regarding firearm possession for individuals who are users or addicted to marijuana, specifically referencing 18 U.S.C. ยง 922(g). The intent of this bill is to ensure that patrons are fully aware of the legal ramifications concerning firearm possession related to marijuana use.
Contention
The discussions around HB 1036 may touch upon the balance of state vs. federal laws concerning marijuana use, particularly as states continue to navigate the complexities of marijuana legalization under federal prohibition. There may be concern among dispensary owners and advocates regarding the burden of compliance and the potential financial implications of the civil penalties. Additionally, the clarity and enforcement of such a law could provoke discussions on personal rights and the practicalities of informing consumers about federal laws that may conflict with state legislation on marijuana usage.