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South Dakota Marijuana Laws
Marijuana laws in South Dakota are broken down into multiple segments, often based on varying amount of possession. These segments range in penalties from one-year incarceration and $1,000 in fines upwards to 15 years incarceration and $15,000 in fines. Each marijuana-related case will be judged based on amount of possession, intent (personal use, sales, cultivation, distribution), and in some cases location in respect to nearby schools, parks, or playgrounds. The following charts describe marijuana laws in South Dakota more thoroughly based on these criteria, however the individual involved in a marijuana-related case is recommended to contact a local marijuana attorney to clarify details and work for a profitable outcome for the defendant.
In 2002, 2,149 individuals were arrested in South Dakota for marijuana-related crimes. 2,034 of these arrests were for the possession of marijuana, while 115 were for selling. Combined and compared against the total number of arrests, these marijuana-related crimes account for 5.02% of all arrests statewide throughout the year. In addition, according to a report by the Drug Enforcement Administration (DEA), South Dakota is estimated to have cultivated 3,776 lbs of marijuana. This cultivation is expected to be worth between $16 million dollars and $25.6 million dollars at retail value.
Medical Marijuana Users
Although lawmakers have been working on some cases for marijuana to be legalized as a medicinal drug, the state of South Dakota does not yet recognize it as such. For this reason, any person found in possession of marijuana will be penalized under criminal charges.
Non-Medical Users:
South Dakota does not abide by any medicinal marijuana usage laws. Any person found possessing marijuana will be charged criminally based on the terms of possession, sales, and cultivation.
Penalties for Marijuana Use or Possession in South Dakota:
Possession:
|
Possession of less than 2 oz |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $1,000 |
|
Possession between 2 oz and 8 oz |
Felony |
Penalties include incarceration for a period of up to two (2) years with a fine of $2,000 |
|
Possession between 8 oz and 1 lb |
Felony |
Penalties include incarceration for a period of up to five (5) years with a fine of $5,000 |
|
Possession between 1 lb and 10 lbs |
Felony |
Penalties include incarceration for a period of up to ten (10) years with a fine of $10,000 |
|
Possession of greater than 10 lbs |
Felony |
Penalties include incarceration for a period of up to fifteen (15) years with a fine of $15,000 |
|
*Providing a urine sample, which tests positive for marijuana traces, can be considered evidence of possession, and charged as such. |
||
Sale and/or Growing Marijuana:
|
Delivery of less than ½ oz |
Misdemeanor |
Penalties include a mandatory minimum sentence of 15 days to 1 year incarceration with a fine of $1,000 |
|
Sale or cultivation of less than 1 oz |
Felony |
Penalties include incarceration for a period of up to 2 years with a fine of $2,000 |
|
Sale or cultivation of between 1 oz and 8 oz |
Felony |
Penalties include incarceration for a period of up to 5 years with a fine of $5,000 |
|
Sale or cultivation of between 8 oz and 1 lb |
Felony |
Penalties include incarceration for a period of up to 10 years with a fine of $10,000 |
|
Sale or cultivation of greater than 1 lb |
Felony |
Penalties include incarceration for a period of up to 15 years with a fine of $15,000 |
|
Sale or cultivation to a minor |
Felony |
Penalties include incarceration for a period of up to 10 years with a fine of $10,000 |
|
Sale or cultivation within an area of 1,000 ft of a school, or within an area of 500 ft of other specified areas |
Felony |
Penalties include a mandatory minimum sentence of 5 years with a fine of $10,000 |
|
The mandatory minimum sentences for all convictions are as follows: First-time offenders are sentenced to at least 30 days of incarceration. Repeat offenders are sentenced to at least 1 year of incarceration |
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Marijuana Paraphernalia Penalties:
|
Possession of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of up to thirty (30) days with a fine of $200 |
|
Being found inside a room where marijuana is being kept or is in use |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $1,000 |
Penalties for Driving Under the Influence of Marijuana
The state of South Dakota conforms to a zero tolerance driving under the influence of drugs (DUID) law. In addition to other drugs, the law specifically states that any traces of cannabis or cannabis metabolites are forbidden to be in the body of any person under the age of 21 who is operating a motor vehicle. Any individual who provides physical evidence of marijuana in their body, and is found operating a motor vehicle, will be found guilty of DUID. The penalty for a DUID for a person under the age of 21 is a Class 2 misdemeanor.
Legal Help with a Marijuana Offense
Because of the strict marijuana laws in the state of South Dakota, an individual found facing criminal charges might consider working with a marijuana attorney in their defense. Defendants with even a misdemeanor charge can still face up to one year less one day of incarceration, as well as at least $1,000 in fines. In the event that the defendant is unable to attain a marijuana lawyer based on financial issues, defendants can have a court-appointed counsel appointed.