firearms & Cannabis in South Dakota:

Protecting Your Rights

pistol and handcuffs on cannabis leaves

Owning firearms while using cannabis in South Dakota requires careful navigation of both state and federal laws. The Second Amendment protects your right to bear arms, but federal law complicates this for cannabis users. Under the Gun Control Act of 1968, anyone who uses or is addicted to a controlled substance—like cannabis, which remains federally illegal—cannot legally purchase or possess firearms.

In South Dakota, the distinction between medical cannabis patients and recreational users is significant. While federal law applies universally, state laws provide some safeguards for medical patients. Possessing cannabis without a medical card is entirely illegal under state law. If you also own a firearm in this scenario, the legal consequences can be much harsher because you're combining two prohibited activities: illegal drug possession and firearm ownership.

However, South Dakota law does not explicitly restrict gun ownership for medical cannabis patients. By obtaining a medical card, you align your cannabis use with state law, potentially reducing the risks associated with firearm ownership.

What This Means for You

  • Without a medical card: Possessing cannabis and owning a gun is riskier, as you're breaking both state and federal laws. A person would likely be required to obtain cannabis from the black market, which adds risk to you by exposing yourself to criminal enterprise.

  • With a medical card: You reduce your liability under South Dakota law, though federal restrictions still exist. You are able to obtain your cannabis in a safe, secure setting from a trusted, licensed provider.