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.