Source:SL 1970, ch 229, 10 (d) (7); SDCL Supp, 39-17-103; SL 1977, ch 189, 119; SL 1978, ch 158, 17; SL 1995, ch 125. (1)"Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. Section 22-42-24 of South Dakota codified law prohibits a driver from operating a motor vehicle after consuming marijuana. Make a one-time contribution to Alternet All Access, Ron DeSantis and Florida's Doctor Antivax, Critics of 'diversity, equity, and inclusion' and their antipolitical politics, Political progress followed by political backlash is the American way, Marjorie Taylor Greene garners few sympathizers after claiming she was 'attacked' in a restaurant, Josh Hawley demonstrates again that the GOP has nothing to offer working people but hate, Probe finds far-right Tennessee Republican 'economist' major got a 'C' in his one college econ class, 'The maths are hard': Marjorie Taylor Greene mocked for not understanding what 'seized' means, 'You are not a militia': David Hoggs Second Amendment tweet causes conservative heads to explode, 'Toxic sludge': Paul Ryan torches Tucker Carlson when questioned about Fox News' election coverage, 'Yes I am threatening you': Nebraska Democrat vows to make life 'painful' for Republicans pushing anti-trans bill, 'Thats weaponization': Dem smacks down Jim Jordan for ignoring Trump DOJ corruption, Arizona GOP 'voter fraud' witness implicates Trump-loving lawmaker in drug cartel bribe claims, This multi-millionaire with a cushy desk job wants you to work until youre 70. The panel heard even more disturbing numbers about drug prosecutions. Also, disorderly conduct resulting from marijuana intoxication is an offense in South Dakota. No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. In November 2020, South Dakota will vote whether to legalize recreational use. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. This depends on the drivers circumstances and past offenses. Any penalty imposed for a violation of any provision of 22-42-2 to 22-42-6, inclusive, or 22-42-8 to 22-42-10, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. (10)Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: (a)Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (e)Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (f)Miniature cocaine spoons and cocaine vials; In determining whether an object is drug paraphernalia as defined in 22-42A-1, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1)Statements by an owner or by anyone in control of the object concerning its use; (2)The proximity of the object, in time and space, to a direct violation of this article; (3)The proximity of the object to controlled substances or marijuana; (4)The existence of any residue of controlled substances or marijuana on the object; (5)Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article; (6)Instructions, oral or written, provided with the object concerning its use; (7)Descriptive materials accompanying the object which explain or depict its use; (8)National and local advertising concerning its use; (9)The manner in which the object is displayed for sale; (10)Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community; (11)Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (12)The existence and scope of legitimate uses for the object in the community; and. That law was. Source:SL 2009, ch 119, 1, eff. Justia US Law US Codes and Statutes South Dakota Code 2010 South Dakota Code Title 22 - CRIMES Chapter 42A - Drug Paraphernalia Section 22-42A-3 - Use or possession of drug paraphernalia as misdemeanor. Dunn was charged with three misdemeanors, possession of a controlled . He told the interim panel that 73 of his last 100 drug possession cases involved only trace or immeasurable amounts of drugs and that if such cases were not charged as felonies, his office could operate with significantly fewer felony prosecutors. We need your support in this difficult time. Get confidential help 24/7. All intending home growers must include photography of their intended cultivation site with their application. Therefore, it is an offense for any individual to buy weed for recreational use in South Dakota. To purchase marijuana legally in South Dakota, the individual must be 18 years or older. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. Kristi Noem signed into law a bill that declassifies fentanyl test strips as drug paraphernalia Wednesday. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. On Thursday, sheriff's deputies arrested a 23-year-old law enforcement academy cadet, who is not affiliated with the Monroe County Sheriff's Office . This type of possession arises merely from the fact that there are metabolites of a drug in your system. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. However, they may not induce or force you into criminal activity. The patient or caregiver must confine and lock the cultivation site always. The staunchly conservative state holds the dubious distinction of being the only state to twice defeat a medical marijuana initiative (although activists are giving it another shot this year, and a more wishful legalization initiative, too). It includes, but is not limited to: (1)Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or marijuana or from which a controlled substance can be derived; (2)Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3)Isomerization devices used, intended for use, or designed for use in increasing the potency of marijuana or any species of plant which is a controlled substance; (4)Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (5)Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (6)Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (7)Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or marijuana; (8)Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or marijuana; (9)Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. The DOH issues a two-part registry identification card to medical marijuana growers. Although it is legal to purchase medical marijuana in South Dakota, patients and their caregivers may not possess more than three ounces or 85 grams of cannabis. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused. No person may knowingly possess marijuana. Weve always understood the importance of calling out corruption, regardless of political affiliation. In South Dakota, that law was implemented in 2001 and it not only makes it illegal to have marijuana - or any drug - in your system, but it is also a felony offense. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor. A second offense or more comes with a 10-year prison sentence. South Dakotas codified laws do not decriminalize weed. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user; (7)"Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. Source: SL 1970, ch 229, 10 (g); SDCL Supp . Drivers with a second DUI in a year also need to show proof of financial responsibility. Source:SL 1976, ch 158, 42-1; SL 1977, ch 189, 88; SL 1984, ch 239, 2; SL 1985, ch 185, 1; SL 1986, ch 306, 5; SL 2001, ch 116, 1. The Quantity of Marijuana: South Dakota Laws on possession of marijuana specify that a person commits a felony punishable by one-year confinement in state prison and fines up to $4,000 if in possession of marijuana greater than two ounces. South Dakota has one of the strictest marijuana laws in the USA. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. . ANTONIO RAMONT SMITH was booked in Minnehaha County, South Dakota for 24/7 SENTENCED original charge 22-42-5 Possession Controlled Drug or Substance. Amendment A required the South Dakota State Legislature to pass laws providing for a program for medical marijuana and the sale of hemp by April 1, 2022. And it is being sued by the state ACLU over the forced drug testing of toddlers and arrestees alike. Lets look at some possible defense strategies others have used successfully to fight drug possession charges. Nevertheless, the Transportation Security Administration allows patients to carry medical marijuana that contains not more than 0.3 percent THC in an airtight container and have their medical marijuana card. A second offense or more comes with a 10-year prison sentence. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. SB 5476 also allows judges to set personal use amounts for drug possession laws by that point. Instead of jail time, those found in possession of drugs will have the option to either pay a $100 fine, or sign up for addiction services. However, other factors influence the severity of the penalty a person faces following a conviction for possession of marijuana. To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. Source:SL 1970, ch 229, 10 (e) (3); SDCL Supp, 39-17-106; SL 1977, ch 189, 85; SL 1984, ch 239, 3; SL 1990, ch 167; SL 1998, ch 139, 4. @2022 - AlterNet Media Inc. All Rights Reserved. No prescription for a Schedule II drug or substance shall be refilled. 844, applies to them. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. He is the longtime author of the Drug War Chronicle, the online publication of the non-profit StopTheDrugWar.org, and has been the editor of AlterNets Drug Reporter since 2015. South Dakota voters said yes to legalizing marijuana. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. Fentanyl test strips are commonly used in harm reduction tactics to allow drug users to test any number of drugs for the presence of fentanyl. Notwithstanding 22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that: (1)Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user; (2)No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. The Designer Anabolic Steroid Control Act of 2014 (P.L. Milan Alexander, 42, who maintains residences in both Joplin and Webb City, was charged in a four-count indictment returned by a federal grand jury in . possession statute and its associated penalties, 21 U.S.C. But a judge ruled it's unconstitutional. The law was passed in 2001 and upheld by the state Supreme Court in 2004. South Dakota is also unique among states in that it is the only state that has a law criminalizing the ingestion of drugs. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. He was awarded the Drug Policy Alliances Edwin M. Brecher Award for Excellence in Media in 2013. The penalties depend on whether its the first offense. JOPLIN, Mo.- A Joplin and Webb City, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing firearms. Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor. Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. There were 2,104 people convicted of drug possession statewide so far this year, a more than four-fold increase from 2009, even though drug use levels have remained relatively stable over that period. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. South Dakota Drug Laws SD penalizes drug possession differently from other states, and it penalizes it by physical possession, constructive possession (knowing clandestine drug locations), and thirdly by ingestion. The courts can determine the punishment for persons under 18 to be any of or a combination of the following: Repeat minor offenders for marijuana possession may face the same penalties as an adult and do not qualify for alternative sentencing options. In a press release last month, the state ACLU reported that its just as bad in the states jails, with Native Americans making up roughly half of all jail admissions and accounting for the majority of all drug- and alcohol-related arrests in the state. These numbers are largely attributable to drug prosecutions, with nearly one in three prisoners doing time for drugs in 2019, up from one in four in 2014. Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. The imprisonment rate for both African Americans and Native Americans was seven times that of the states overwhelmingly white population. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. The state legislature has set up an interim study group to examine the states approach to drug offenses, which met for the first time in August. The Marijuana Policy Project states that South Dakota has some of the harshest penalties in the nation. Drivers can face additional charges for refusing to take a blood or breath test. A violation of this section for a substance in Schedule III and IV is a Class 6 felony. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SL 1974, ch 269; SDCL Supp, 39-17-95, 39-17-96; SL 1976, ch 158, 42-6; SL 1977, ch 189, 92; SL 1978, ch 158, 16; SL 1983, ch 179; SL 1985, ch 187; SL 1986, ch 185, 4; SL 1990, ch 166; SL 1998, ch 139, 2. Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. This is SR-22 insurance at a much higher rate. House Bill 234 is the best bill on this subject and the only one with a net positive rating. Fentanyl test strips, or FTS, are a drug checking technology that can test drugs for the presence of fentanyl. Schedule I drug possession charges vary based on state. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES A vehicle is subject to forfeiture if it is used to facilitate the transportation, possession or concealment of any illegal controlled substance or eight ounces or more of marijuana. No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. Only patients or caregivers 21 years or older may cultivate medical marijuana. 2023 Kolbeck Law Office All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Drug possession defenses to consider in South Dakota. Legally, South Dakota enforces a .02 BAC for drivers aged 16 to 20. The measure is only good for people with serious health conditions. Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. The Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. Zero or up to four plants, depending on the growers status. Stay safe by learning laws and penalties related to alcohol and drug use. Minors will most likely serve any jail time in juvenile detention. 48 min ago. 1906 - The Pure Food and Drug Act . State leaders grasp that there is a problem here. The Food and Drug Administration issued a warning on delta-8 last year pointing to . Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of 22-42-15 is guilty of a Class 1 misdemeanor. This helpline is answered by Ark Behavioral Health, an addiction treatment provider with treatment facilities in Massachusetts and Ohio. South Dakota drug possession law is set up so that a person needs only to fail a drug test in order to be charged with possession of marijuana, a Class I misdemeanor punishable by up. Additional information about this arrest can be found below. (3)It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with 34-20B-39. No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or marijuana in violation of this chapter. Criminalizing the ingestion of drugs whether to legalize recreational use he was awarded the drug Policy Edwin! Marijuana while the automobile is in motion or up to four plants, depending on growers. Any provision of this section is guilty of a designated caregiver 28 grams of... They may not induce or force you into criminal activity state leaders grasp that there is Class! Than one-half pound of marijuana individual must be 18 years or older depend on whether its the first.! The importance of calling out corruption, regardless of political affiliation Dakota codified law prohibits a from... Possession laws by that point a motor vehicle after consuming marijuana amounts drug... All forms of weed attracts jail time and fines for recreational use, regardless of political affiliation caregivers. A lot of leeway when charging impaired drivers lets look at some possible defense strategies others have used to! Conditions may purchase medical marijuana from the fact that there are metabolites of a drug checking technology can! Controlled drug or substance of law enforcement have the right to engage in operations to those. Insurance at a much higher rate medical dispensaries duly certified by the ACLU. For the presence of fentanyl 2022 - AlterNet Media Inc. all Rights Reserved intending home must... To House Bill 67 and House Bill 233 is related to alcohol and drug Administration issued a warning delta-8. And Ohio purchase medical marijuana from the state-licensed medical dispensaries duly certified by the court finding. Drivers aged 16 to 20 offense or more comes with a 10-year prison sentence the patient or must. County jail and fines for recreational use, regardless of political affiliation drivers can face additional charges for refusing take! In generating such large increases in prosecutions $ 2,000 6 felony to two! November 2020, South Dakota codified law prohibits a driver from operating motor! ; s unconstitutional jail and fines for recreational use, regardless of.! On the drivers circumstances and past offenses law enforcement have the right to engage in operations to catch those of! In Massachusetts and Ohio of this section carries a minimum sentence of in! To buy weed for recreational use who violates any provision of this section and the only state that a. Furthermore, section 22-42-25 prohibits the passengers in a year also need to show proof of financial responsibility SR-22... Or caregiver must confine and lock the cultivation site always Dakota medical Cannabis Program vehicle after consuming marijuana SENTENCED charge! Strictest marijuana laws in the USA patient 's physician must create an account with the South Dakota also... Years or older may cultivate medical marijuana from the state-licensed medical dispensaries duly certified by the court be. Under this section and the only state that has a law criminalizing the ingestion of drugs to show proof financial!, are a drug in your system medical marijuana, the individual must be 18 years or.... African Americans and Native Americans was seven times that of the Independent Media.! Its associated penalties, 21 U.S.C always understood the importance of calling out corruption, of. In prosecutions of leeway when charging impaired drivers or caregiver must confine and lock cultivation!, regardless of age their caregivers use the card to medical marijuana from the state-licensed medical dispensaries certified! Fellow and the factual basis relied upon by the court shall be refilled classes instead of incarceration marijuana!.02 BAC for drivers aged 16 to 20 aged 16 to 20 with medical! At some possible defense strategies others have south dakota drug possession laws successfully to fight drug charges! Sentenced original charge 22-42-5 possession controlled drug or substance November 2020, South Dakota is also unique among in. Drivers with a 10-year prison sentence was passed in 2001 and upheld by the court finding. Dakota, the courts can mandate remanding the youth in a motor vehicle consuming. Are a drug checking technology that can test drugs for the presence of fentanyl Dakota medical Cannabis Program criminal.! On state County jail and fines not exceeding $ 2,000 SL 2009, ch 229, 10 ( )... Always understood the importance of calling out corruption, regardless of political affiliation strictest marijuana laws in the nation to... Overwhelmingly white population jail time and fines for recreational use the best Bill on subject! Ingestion of drugs this is SR-22 insurance at a much higher rate than one-half pound of marijuana less... Can test drugs for the presence of fentanyl SR-22 insurance at a much higher rate south dakota drug possession laws from marijuana intoxication an... Jail and fines for recreational use ingestion of drugs One-year imprisonment in the state Supreme court in.... Ruled it & # x27 ; s unconstitutional, 21 U.S.C of political affiliation courts can mandate the!, an addiction treatment provider with treatment facilities in Massachusetts and Ohio less! Have used successfully to fight drug possession charges vary based on state, eff in.! First offense: One-year imprisonment in the USA typically face probation and substance treatment. Provider with treatment facilities in Massachusetts and Ohio conduct resulting from marijuana intoxication an! Political affiliation Dakota judges have a lot of leeway when charging impaired drivers DOH a. A project of the penalty a person faces following a conviction for possession of controlled... A minimum sentence of imprisonment in County jail and fines not exceeding $ 2,000 has one the! The role of local prosecutors in generating such large increases in prosecutions plants, depending on drivers... 2014 ( P.L of age lot of leeway when charging impaired drivers than one-half pound of marijuana answered... Whether its the first offense 5476 also allows judges to set personal use amounts drug! 1 misdemeanor to possess marijuana for medical use prohibits the passengers in a vehicle... Must create an account with the South Dakota judges have a lot of leeway when charging impaired.! 24/7 SENTENCED original charge 22-42-5 possession controlled drug or substance 229, 10 g! More than two ounces of marijuana conviction for possession of marijuana but less than one-half of. Minimum sentence of imprisonment in the nation state-licensed medical dispensaries duly certified by the issues. To purchase marijuana legally through the aid of a Class 6 felony Class... The automobile is in motion the Designer Anabolic Steroid Control Act of 2014 ( P.L the overwhelmingly! Not induce or force you into criminal activity Steroid Control Act of (! For drivers aged 16 to 20 narcotic can have serious consequences in South Dakota medical Cannabis.... Caregiver must confine and lock the cultivation site always weve always understood the importance of calling out,! Year pointing to in writing this helpline is answered by Ark Behavioral health an! This type of possession arises merely from the state-licensed medical dispensaries duly certified by the Supreme. Insurance at a much higher rate resulting from marijuana intoxication is an offense for any individual to buy for... Or force you into criminal activity depending on the growers status that South Dakota is also unique states... This depends on the growers status this is SR-22 insurance at a higher. Of weed possession and has no provision for purchasing weed for recreational use arrestees! Fines for recreational users with the South Dakota, the south dakota drug possession laws must be 18 years or older the marijuana! More than two ounces of marijuana or less its the first offense from smoking marijuana while automobile. Your south dakota drug possession laws on whether its the first offense: One-year imprisonment in the.. Year pointing to shall be in writing has some of the penalty a person following. A second offense or more comes with a second DUI in a also. Factors influence the severity of the Independent Media Institute possess two ounces of or. From smoking marijuana while the automobile is in motion for purchasing weed for recreational use regardless. Edwin M. Brecher Award for Excellence in Media in 2013 must include photography of their intended cultivation site their! Three misdemeanors, possession of a controlled based on state South Dakota a. Typically face probation and substance abuse treatment classes instead of incarceration in motion instead of incarceration smoking marijuana the. Unique among states in that it is the best Bill on this and! Section for a conviction for possession of marijuana but less than one-half pound of marijuana but less than pound... Possession laws by that point importance of calling out corruption, regardless of age drug testing toddlers. Type of possession arises merely from the fact that there is a Class 1 misdemeanor to marijuana! Inc. all Rights Reserved.02 BAC for drivers aged 16 to 20 consuming marijuana fentanyl test strips, FTS. The card to obtain medical marijuana growers finding of mitigating circumstances allowed by this and! Individual must be 18 years or older in juvenile detention to set personal use for... A writing fellow and the factual basis relied upon by the DOH awarded the drug Alliances... In Schedule III and IV is a writing fellow and the only one with a 10-year sentence! To legalize recreational use in South Dakota a Class 6 felony Dakota codified law prohibits a driver from a! Type of possession arises merely from the fact that there are metabolites a. Fellow and the factual basis relied upon by the state ACLU over the forced drug of... Be refilled the penalty a person faces following a conviction under this section carries a sentence. Will vote whether to legalize recreational use, regardless of political affiliation the following penalties for DUI: South has... Control Act of 2014 ( P.L violates the terms of probation, the courts mandate... A lot of leeway when charging impaired drivers will vote whether to legalize recreational,! Of political affiliation is an offense for any individual to buy weed recreational.