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South Dakota

South DakotaSouth 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.
 
 

South Dakota Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Possession
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
Sale
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
Possession felony 10 years $20,000
Manufacturing, distributing, or dispensing felony 10 years $20,000
Subsequent offenses carry greater penalties
Paraphernalia
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
 
Here you will find a copy of South Dakota’s Crimes Code 22-42A in its entirety.

 

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