South 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
https://www.mpp.org/states/south-dakota/
South Dakota Americans for Safe Access
https://www.safeaccessnow.org/article.php?id=247
South Dakota Students for Sensible Drug Policy
https://ssdp.org/chapters/mountain-plains/south-dakota
South Dakota NORML Chapters
https://norml.org/index.cfm?Group_ID=4564&wtm_view=chapter
