Please note: ILGM is NOT a legal adviser. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such.
Marijuana Laws in South Dakota:
In the State of South Dakota, cannabis possession is illegal. However, starting in July 2021, both the recreational and medical use of marijuana become legal. The change is due to the 2020 elections. This is the first state to approve recreational and medical marijuana at the same time.
For years, South Dakota was one of few states that continued to outlaw marijuana in all forms. Soon, this will end, as the Great Plains state joins other legal marijuana states in 2021. Unfortunately, until that time, the current rules apply.
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Possessing Marijuana in South Dakota
Possessing any amount of cannabis in South Dakota is a crime, punishable as follows:
- Under 2 ounces = Misdemeanor: Up to $2,000 fine and up to 2 years’ incarceration
- Between 2 ounces to ½ pound = Felony: Up to $4,000 fine and up to 2 years’ incarceration
- Between ½ pound to 1 pound = Felony: Up to $10,000 fine and up to 5 years’ incarceration
- Between 1 pound to 10 pounds = Felony: Up to $20,000 fine and up to 10 years’ incarceration
- Over 10 pounds = Felony: Up to $30,000 fine and up to 15 years’ incarceration
Note: A civil penalty of up to $10,000 may also be imposed after a conviction.
Concentrates & Hashish
It’s a felony to possess concentrates and hash in the State of South Dakota. This crime is punishable by a fine up to $20,000 and 10 years in prison.
Selling Marijuana in South Dakota
No person may legally sell or distribute cannabis in South Dakota. Related crimes are punishable as follows:
- Under ½ ounce = Misdemeanor: Up to $2,000 fine and mandatory minimum sentence of 15 days to up to 1-year incarceration
- Between ½ ounce to 1 ounce = Felony: Up to $4,000 fine and up to 2 years’ incarceration
- Between 1 ounce to ½ pound = Felony: Up to $10,000 fine and up to 5 years’ incarceration
- Between ½ pound to 1 pound = Felony: Up to $20,000 fine and up to 10 years’ incarceration
- Over 1 pound = Felony: Up to $30,000 fine and up to 15 year’s incarceration
- Under 1 ounce to a minor = Felony: Up to $10,000 fine and up to 5 years’ incarceration
- Between 1 ounce to ½ pound to a minor = Felony: Up to $20,000 fine and up to 10 years’ incarceration
- Between ½ pound to 1 pound to a minor = Felony: Up to $30,000 fine and up to 15 years’ incarceration
- Over 1 pound to a minor = Up to $50,000 fine and up to 25 years’ incarceration
- Within 500 feet of designated area or 1,000 feet of school = Up to $10,000 fine and 5-year mandatory minimum sentence
- First felony conviction = 30-day mandatory minimum sentence
- Subsequent felony conviction = 1-year mandatory minimum sentence
Concentrates & Hashish
In South Dakota, hashish is defined as the extracted resin from any area of a marijuana plant. Both hashish and cannabis concentrates are Schedule I controlled substances in this state. Related penalties are as follows:
- Possessing, distributing, dispensing or manufacturing with intent to dispense, manufacture or distribute = Felony: Up to $20,000 fine and 10 years’ incarceration
- First-time convictions = 1-year minimum jail term
- Subsequent convictions = 10-year minimum prison term
- Any of the above with intent to dispense or distribute within 500 feet of arcade, public pool or youth center, or within 1,000 feet of playground or school = Felony: Up to $20,000 fine and mandatory minimum sentence of 5 years to up to 10 years in prison
- Dispensed or distributed to a minor = Felony: Up to $50,000 fine and 25 years’ incarceration
- First-time convictions = 5-year minimum imprisonment term
- Subsequent convictions = 15-year minimum prison term
Growing and Manufacturing Marijuana in South Dakota
No one is allowed to legally grow cannabis or manufacture marijuana products within the State of South Dakota. Such crimes are punishable based on the plants’ overall weight. See “Possessing Marijuana in South Dakota” and “Selling Marijuana in South Dakota” for penalty details.
Concentrates & Hashish
Any device or equipment used to manufacture or create concentrates or hash is considered by South Dakota lawmakers to be drug paraphernalia. Such crimes are punishable as follows:
- Possession = Misdemeanor: $500 fine and/or 30 days’ incarceration
- Delivering or Manufacturing = Felony: Up to $4,000 fine and 2 years’ incarceration
Using Marijuana in South Dakota
To use cannabis, some type of drug paraphernalia is needed. Since it’s illegal to use marijuana in South Dakota, it’s also illegal to possess paraphernalia in this state. This misdemeanor is punishable by up to a $500 fine and up to 30 days in jail.
Breaking the Marijuana Laws in South Dakota
In South Dakota, it’s a misdemeanor crime to inhabit a room where cannabis is being stored or used. This crime carries a fine up to $2,000 and a sentence of up to 1-year jail time.
This state has enacted a per se drugged driving law. It forbids drivers in South Dakota from operating vehicles while under the influence of detectable amounts of drugs, including marijuana. The state-imposed threshold prohibits driving while under the influence of cannabis.
If a person is found to be operating a motor vehicle while under the influence of cannabis in South Dakota, that person is guilty of DUI. Such related crimes are punishable under the state’s DUI laws.
No one under 21 years old may operate a motor vehicle in South Dakota after consuming cannabis. This restriction is in play as long as there’s physical evidence that the substance still exists in the person’s system.
NOTE: Marijuana metabolites are detectable for up to a month after use in a person’s body. Therefore, it’s possible to receive a DUI conviction for this offense in South Dakota weeks after ingesting marijuana.
Mandatory Minimum Sentence
If convicted of an offense that has a mandatory minimum sentence, a judge must impose a set amount of prison time. The judge cannot sentence the offender to less than the minimum mandatory time but does have the option of imposing the maximum period allowed. Such offenders will not be eligible for parole until the mandatory minimum has been completed.