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Marijuana Policy In South Dakota

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south dakota marijuanaSouth Dakota Marijuana Policy

South Dakota does not have that many residents, but no doubt some of them consume marijuana. I rarely see South Dakota in the press in regards to marijuana except for busts, so hopefully this shows some love to marijuana consumers there. Below are the marijuana laws in South Dakota, courtesy of South Dakota NORML:

Decriminalized? — No.

Possession of 2 oz or less is a misdemeanor, punishable by 1 year in jail and a $1,000 fine.

Possession of 2 to 8 oz is a felony, punishable by 2 years in jail and a $2,000 fine.

Possession of 8 oz to 1 lb is a felony, punishable by 5 years prison and a $5,000 fine.

Possession of 1 to 10 lbs is a felony, punishable by 10 years in prison and a $10,000 fine.

Possession of more than 10 lbs is a felony, punishable by 15 years in prison and a $15,000 fine.

A positive urine test in South Dakota is considered the same as possession of less than 2 oz.

Distribution or cultivation of less than ½ oz is a misdemeanor, punishable by a mandatory 15 days in jail, but up to 1 year, in jail and a $1,000 fine.

Distribution or cultivation of ½ to 1 oz is a felony, punishable by 2 years in jail and a $2,000 fine.

Distribution or cultivation of 1 to 8 oz is a felony, punishable by 5 years in prison and a $5,000 fine.

Distribution or cultivation of 8 oz to 1 lb is a felony, punishable by 10 years in prison and a $10,000 fine.

Distribution or cultivation of 1 lb or more is a felony, punishable by 15 years in prison and a $15,000 fine.

Distribution to a minor is a felony, punishable by 10 years in prison and a $10,000 fine.

Distribution or cultivation within 1,000 feet of a school or 500 feet of other specified areas is a felony, punishable by a mandatory 5 years in prison and a $10,000 fine.

All distribution or cultivation convictions carry a mandatory sentence of 30 days in jail for the first offense, and one year for subsequent offenses.

Possession of paraphernalia is a misdemeanor, punishable by 30 days in jail and a $200 fine.

Frequenting a residence where marijuana is being stored or used is a misdemeanor, punishable by 1 year in jail and a $1,000 fine.

Medical Program? — No.

Want to get active in the South Dakota marijuana activism scene? Below are some great places to start with, via our South Dakota activism page:

South Dakota Marijuana Policy Project
http://www.mpp.org/states/south-dakota/

South Dakota Americans for Safe Access
http://www.safeaccessnow.org/article.php?id=247

South Dakota Students for Sensible Drug Policy
http://ssdp.org/chapters/mountain-plains/south-dakota

South Dakota NORML Chapters
http://norml.org/index.cfm?Group_ID=4564&wtm_view=chapter

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5 Comments

  1. floridabadger on

    I’m thinking this falls into same category as w/traffic/fishing laws! Whereas ” ignorance is NO excuse”!! Ur own faux pas! Please correct me If Wrong Plz!!!

  2. floridabadger on

    I’m thinking this falls into the saying there’s no excuse for ignorance of a states laws/rules/regulations following w/traffic/fishn & huntn laws!? NO please correct me if need be!!

  3. My friend was driving through S.D. in his moving truck and got pulled over. His medical Pot card from Oregon fell out of his wallet. Also visible in his wallet was some zig-zag papers. He was given a $275 ticket for Paraphernalia. I think he is feeding me full of crap.

  4. The place is bass ackwards when it comes to drug policy. Here in South Dakota they not only have gone further by banning Salvia, but to make the act of getting high off of ANYTHING other than alcohol, (how quaint), a crime. You are not allowed to ingest, smoke, or otherwise take any substance with the intent to get high. So now there is profit to be made here by criminals to push all the traditional drugs as well as the likes of k2, spice, Salvia Divinorum, and literally thousands of legal substances to get high. What this means is South Dakota will now be THE PLACE to make a quick profit by buying spice, k2, Salvia Divinorum, and other such legal substances a state away and just a quick drive to make oodles of money. No grow time, no smuggling from out of country, no dogs that sniff it, law enforcement does not even know how to identify it in its unpackaged form, there are no quick bag drug tests for all these legal drugs, there are no blood or urine tests for these drugs available, and this list is endless. So Come profit here in South Dakota, the state has just paved the way for you and created a market tailored just for you. We did not have one before, but thanks to them the price on otherwise legal drugs just skyrocketed.

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