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.
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.)
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.)
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.
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.)
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.)
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.