South Dakota Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In South Dakota, marijuana is an illegal drug with no recognized medical use. (S.D. Cod. Laws § 22-42.) Also, while not covered in this article, it is a crime to drive under the influence of marijuana in South Dakota.

For information about charges and penalties for driving under the influence of marijuana in South Dakota, see Driving Under the Influence of Marijuana in South Dakota.

Marijuana Possession

It is a crime to knowingly or intentionally possess marijuana in South Dakota. Penalties vary according to the amount possessed.  (S.D. Cod. Laws § 22-42-6.)

  • Two ounces or less. Penalties include a fine of up to $1,000, up to one year in jail, or both.
  • More than two ounces but less than one-half of a pound. Penalties include a fine of up to $2,000, up to two years in prison, or both.
  • One-half pound or more, but less than one pound. Penalties include a fine of up to $5,000, up to five years in prison, or both.
  • Between one and ten pounds. Penalties include a fine of up to $10,000, up to ten years in prison, or both.
  • More than ten pounds. Penalties include a fine of up to $10,000, up to 15 years in prison, or both.

Cultivation and Distribution

It is illegal to cultivate or distribute marijuana (or possess marijuana with the intent to do so) in South Dakota. Penalties vary according to the amount cultivated or distributed. Increased penalties may apply to sales near a school or to a minor. (S.D. Cod. Laws § 22-42-7.)

  • Distributing less than one-half ounce, when given away, not sold. Penalties include up to one year in jail, a $2,000 fine, or both.
  • One ounce or less. Penalties include a fine of up to $1,000, at least 15 days (and up to one year) in prison, or both.
  • More than one ounce but less than eight ounces. Penalties include a fine of up to $2,000, up to two years in prison, or both.
  • Eight ounces or more, but less than one pound. Penalties include a fine of up to $5,000, at least five years in prison, or both.
  • One pound or more. Penalties include a fine of up to $15,000, at least 15 years in prison, or both.

Drug Paraphernalia

It is illegal in South Dakota to manufacture or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation.

Use

 Using or possessing paraphernalia with the intent to use it is a class 2 misdemeanor. Penalties include a fine of up to $500, up to 30 days in jail, or both. (S.D. Cod. Laws § 22-42A-3.)

Manufacture or sales

It is a class 6 felony to make or sell (or possess with the intent to sell) paraphernalia in South Dakota. Penalties include a fine of up to $1,000, at least 15 days (and up to one year) in prison, or both. (S.D. Cod. Laws § 22-42A-4.)

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

by: , Contributing Author

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