- South Dakota Summary
- Law Breakdown
South Dakota isn’t too lenient when it comes to marijuana laws. For this reason it is imperative that residents of The Mount Rushmore State become familiar with local paraphernalia laws in order to avoid harsh penalties, such as heavy fines and even jail time.
Here you will find a copy of South Dakota’s Crimes Code 22-42A in its entirety.
South Dakota Marijuana Attorneys
The following South Dakota lawyers are actively involved in the practice of cannabis law:
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*Disclaimer these are paid advertisements, however we have vetted the attorneys.
Marijuana is illegal in South Dakota for any uses, including medical and recreational. The drug has not been decriminalized at the state level, so possession or sale of any amount is a crime, as is any offense involving cannabis concentrates or paraphernalia.
It is a misdemeanor in South Dakota to possess small amounts of marijuana for personal use. Possession of up to 2 ounces is punishable by up to one year in jail and $2,000 in fines.
Possession of larger amounts is a felony. If the amount is between 2 ounces and half a pound, the maximum penalty is one year in jail and $4,000 in fines. If the amount is between half a pound and 1 pound, the top punishment is five years in prison and $10,000.
For weights between 1 and 10 pounds, the maximum is 10 years in prison and $20,000. Finally, possession of more than 10 pounds carries a top sentence of 15 years in prison and $30,000 in fines.
Sale of small amounts of cannabis, less than half an ounce, is a misdemeanor and comes with a mandatory minimum sentence of 15 days in jail, a maximum of one year, and up to $2,000 in fines. All other cannabis sale is treated as a felony.
For weights between half an ounce and 1 ounce, the maximum penalty is two years in prison and $4,000 in fines. If the amount is between 1 ounce and half a pound, a maximum of five years in prison applies, along with a potential fine of $10,000.
Sale of between half a pound and 1 pound is punishable by up to 10 years in prison and $20,000. If the weight is greater than 1 pound, the top sentence increases to 15 years in prison and $30,000.
Sale of any amount of marijuana within 1,000 feet of a school or within 500 feet of another designated drug-free area carries a mandatory minimum penalty of five years in prison, plus up to $10,000 in fines. Sale of any amount to a minor is a felony and carries additional penalties.
Hash and Concentrates
Special rules and penalties apply to the possession and sale of hashish, hash oil, and other marijuana concentrates. Possession of any amount of concentrate is a felony punishable by up to 10 years in prison and $20,000 in fines.
It is likewise a felony to manufacture, distribute, or dispense concentrates. The maximum penalty is 10 years in prison and $20,000. Greater penalties apply for subsequent convictions under concentrates laws.
All drug paraphernalia is criminal in South Dakota unless intended, marketed, and used solely for legal purposes. Possession is a misdemeanor and carries a maximum penalty of 30 days in jail and a top fine of $500.
It is a misdemeanor in South Dakota to inhabit a room where marijuana is stored or used. The top punishment is one year in jail and $2,000 in fines.
|2 oz or less||misdemeanor||1 year||$2,000|
|2 oz - 1/2 lb||felony||1 years||$4,000|
|1/2 - 1 lb||felony||5 years||$10,000|
|1 - 10 lbs||felony||10 years||$20,000|
|More than 10 lbs||felony||15 years||$30,000|
|Less than 1/2 oz||misdemeanor||15 days* - 1 year||$2,000|
|1/2 - 1 oz||felony||2 years||$4,000|
|1 oz - 1/2 lb||felony||5 years||$10,000|
|1/2 - 1 lb||felony||10 years||$20,000|
|More than 1 lb||felony||15 years||$30,000|
|Within 1000 ft of a school or 500 ft of other designated areas||N/A||5 years*||$10,000|
|To a minor is a felony that carries additional incarceration and fine.|
|* Mandatory minimum sentence|
|Hash & Concentrates|
|Manufacturing, distributing, or dispensing||felony||10 years||$20,000|
|Subsequent offenses carry greater penalties|
|Possession of paraphernalia||misdemeanor||30 days||$500|
|Miscellaneous (license suspensions, civil damages, etc...)|
|Inhabiting a room where marijuana is being used or stored||misdemeanor||1 year||$2,000|