State Laws

South Dakota Marijuana Laws

     

Despite current political works, the state of South Dakota does not have any laws legalizing marijuana for medical purposes. This means that all those found in the possession, the cultivation, or the sale of marijuana will be brought up on criminal charges. Any individual bring marijuana in from a state that does have marijuana legalized for medical reasons will also be prosecuted.

Possession
Possession offenses in South Dakota are broken up by amount. Possessing less than two ounces is considered a misdemeanor offense and is penalized by a fine of one thousand dollars and up to one year in prison. All other marijuana possession offenses are considered felony offenses. The possession of marijuana between two ounces and eight ounces can earn a fine between two thousand dollars and up to two years in prison.

Possessing between eight ounces and one pounds is penalized by up to five years in prison and a fine of five thousand dollars. Possessing between one pounds and ten pounds is punishable by ten thousand dollars in fines and up to ten years of incarceration. Possessing more than ten pounds can earn fifteen thousand dollars in fines and no more than fifteen years in prison. Positive urine samples will be used as possession evidence in South Dakota.

Growth and Sale
Delivering less than half an ounce is considered a misdemeanor offense that can earn a fine of one thousand dollars and incarceration between fifteen days and one year. All other growing and selling offenses are considered felony offenses. Selling or cultivating less than one ounce is penalized by a fine of two thousand dollars and two years of incarceration. Selling or cultivating between one ounce and eight ounces is punishable by five years of imprisonment and a fine of five thousand dollars.

The cultivation of or sale of marijuana between eight ounces and one pounds can earn ten thousand dollars in fines and up to ten years of imprisonment. Selling or cultivating more than one pounds is a felony offense that is punished by fifteen years of imprisonment and up to fifteen thousand dollars in fines. Selling any amount of marijuana to a minor is a felony offense that can earn ten thousand dollars in fines and up to ten years of incarceration.

Selling or cultivating on or within one thousand feet of school property or within five hundred feet of specific areas is a felony offense that can earn incarceration of no less than five years and a fine of ten thousand dollars. South Dakota has mandatory minimum convictions for its offenders. All first-time offenders will earn no less than thirty days of incarceration and subsequent offenders will earn no less than on year of incarceration.

Other
Possessing marijuana paraphernalia is a misdemeanor offense that can earn a fine of two hundred dollars and thirty days in jail. An individual can also be charged with a misdemeanor offense if found in the vicinity of marijuana. This offense can earn a one thousand-dollar fine and up to one year in jail. Individuals can also be arrested for driving under the influence of marijuana, a Class 2 Misdemeanor.

See also:
South Dakota Felony
South Dakota Gun Laws
South Dakota Divorce Laws
South Dakota Misdemeanor External link (opens in new window)
South Dakota Expungement External link (opens in new window)