south dakota drug possession lawssouth dakota drug possession laws

With endless miles of farmland shading into ever higher and drier terrain as one moves west, crossing the Missouri River and then on to the Badlands and the Black Hills, South Dakota has a certain austere beauty. However, they may not induce or force you into criminal activity. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. The imprisonment rate for both African Americans and Native Americans was seven times that of the states overwhelmingly white population. This depends on the drivers circumstances and past offenses. and not in lieu of, any civil or administrative penalty or sanction authorized by law. By 2020, medical marijuana would have been authorised by South Dakota voters. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge, included in the voter-backed law, has already led to a dramatic decline in marijuana arrests in many areas of the state. 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The judge may restrict, suspend, or revoke the driving license privilege of the minor. 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. 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. Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. Laws differ from state to state for the . Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. 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. A nationwide push to relax drug laws scored significant victories on Tuesday as four states voted to legalize marijuana, and Oregon became the first state to decriminalize the possession of small . If caught using marijuana, you can be punished with a misdemeanor charge with up to six months in jail and a fine of up to $1,000. The judge will probably require community service as well. 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. According to court records, 49 . The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. A violation of 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed. Persons with qualifying medical conditions may encounter the following restrictions in cultivating their medical marijuana, including: It is illegal to travel by air out of South Dakota with marijuana, as federal laws governing airspace make it unlawful to possess marijuana of any amount while taking a flight. Possession of larger amounts is a felony. Although CBD is legal to produce, possess, and consume under federal law, you'll need to be extra cautious in South Dakota. A first offense is a Class 1 misdemeanor. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. This is SR-22 insurance at a much higher rate. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. Source:SL 1970, ch 229, 9 (k); SDCL Supp, 39-17-83; SL 1977, ch 189, 81. 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. Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana. Individuals may possess one ounce or less of marijuana. A first offense means at least one year in a state penitentiary. The court also revokes the license for one year and mandates the individual to complete a chemical dependency counseling program (, Fourth Offense: Offenders face up to five years in prison and fines up to $10,000. 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. (13)Expert testimony concerning its use. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. Minors will most likely serve any jail time in juvenile detention. 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. Last week, the South Dakota Supreme Court upheld the state's internal possession law. Law enforcement will charge any young driver with a BAC higher than .02 with DUI. Conspiracy to commit violation of 22-42-2--Punishment same as provided under that section, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences, Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony, Schedule II, III, or IV substances to be distributed only for a medical purpose, Unauthorized possession of controlled drug or substance as felony, Unauthorized ingestion of controlled drug or substance as felony, Possession of marijuana prohibited--Degrees according to amount, Distribution or possession with intent to distribute specified amounts of marijuana, Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud, Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony, Keeping place for use or sale of controlled substances as felony, Inhabiting room where controlled substances illegally stored or used as misdemeanor, Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program, Criminal penalties in addition to civil and administrative penalties, Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation, Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor, Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony, Controlled substances obtained concurrently from different medical practitioners--Misdemeanor, Definitions of terms used in 22-42-19 to 22-42-21, inclusive, Drug free zones created--Violation as felony--Sentence--Defense, Violation of drug-free zones as separate count in indictment, Lack of knowledge as to age of minor not a defense, Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor, Factors considered in determining whether an object is drug paraphernalia, Use or possession of drug paraphernalia as misdemeanor. Although research suggests that FTS could save lives and help spur positive decision-making around drug use, the technology is banned for use in most states. No person may knowingly possess marijuana. Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A violation of this section is a Class 6 felony. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. Only patients or caregivers 21 years or older may cultivate medical marijuana. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. Section 22-42-24 of South Dakota codified law prohibits a driver from operating a motor vehicle after consuming marijuana. [9] 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. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. Rating: +2. 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. 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. It is not an offense to be high in public. If there is more than one grower in a household, they cannot cultivate more than four plants together. The measure is only good for people with serious health conditions. 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. The suspension time is 180 days for the second offense and 12 months for subsequent offenses (. Other penalties for a second offense include jail time of up to one year and a fine up to $2,000. Young adults will serve at the county jail. Make a one-time contribution to Alternet All Access, 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. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (1); SL 1971, ch 225, 1; SDCL Supp, 39-17-88 to 39-17-90; SL 1976, ch 158, 42-7; SL 1977, ch 189, 93; SL 1982, ch 179, 4; SL 1984, ch 171; SL 1986, ch 185, 5; SL 1998, ch 139, 3; SL 2003, ch 129, 1; SL 2008, ch 112, 1. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. The group includes legislators, law enforcement, court administrators, the South Dakota attorney general and the secretary of the Department of Corrections, but not public health officials or actual drug users. This type of possession arises merely from the fact that there are metabolites of a drug in your system. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable. No prescription for a Schedule II drug or substance shall be refilled. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. Source:SL 1981, ch 182, 1; SL 1982, ch 180; SL 2001, ch 117, 1. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. For the states Latino population, the imprisonment rate was twice that of whites. They will also vote on legalizing medical marijuana at that time. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least ninety days, which sentence may not be suspended. By Citizen Staff. 1906 - The Pure Food and Drug Act . 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. Drug Possession Cases Possession is such a common charge that there are simply too many notable possession cases to list. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. 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. Jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota. Persons driving under the influence of marijuana face the following penalties in South Dakota. We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of 22-42-2 is the same as the punishment for violating 22-42-2. 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. of marijuana, you face felony charges that are punishable by 1 to 15 years in jail and fines ranging from $4,000 to $30,000, depending on the amount of the drug in your possession. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. They can also spend up to one year in jail. 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. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. This includes: Not knowing the law in South Dakota is no excuse for breaking it. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony. No person may knowingly possess Salvia divinorum or salvinorin A. That law was. One pound to ten pounds: It is a class 4 felony to possess marijuana up to 10 pounds, and persons found guilty face incarceration of up to 10 years. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions. Two or more caregivers cannot grow medical marijuana in the same location. Individuals can call the centers directly or call our Toll Free number for further assistance. Why South Dakota has the worst drug laws in America, new report from the Prison Policy Initiative, an alarmingly racially disproportionate manner, Judge orders officials to remove online evidence on South Dakota AG facing misdemeanor charges - Alternet.org , Another win for marijuana: New Mexico embraces legalization - Alternet.org , A judge jailed an abuse survivor mid-testimony for legal marijuana use - Alternet.org . Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. . Drivers found guilty lose their license for at least 30 days to one year. Mar. SB 5476 also allows judges to set personal use amounts for drug possession laws by that point. Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony. 113-260) expanded the definition of the term "anabolic . However, other factors influence the severity of the penalty a person faces following a conviction for possession of marijuana. 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. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES Judges cannot suspend this sentence. A one-year jail time and a fine of up to $2,000. Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. Any person who violates any provision of 22-42-2.1, 22-42-4.1, 22-42-4.2, and 22-42-10, is punishable by a civil fine of not more than ten thousand dollars. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. Thats rightSouth Dakota is spending millions of dollars to incarcerate people not for drug dealing, not for drug possession, but for having used drugs and still having traces of them in their system. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. According to the ACLU of South Dakota, the states prison population has increased more than five-fold since 1980, a decade after the drug war began. Not so in its approach to drugs. A second offense or more comes with a 10-year prison sentence. However, even if you did not use it, possessing at least three ounces of marijuana can lead to a misdemeanor charge with up to one year in jail and a fine of up to $1,000. For all of us independent news organizations, its no exception. Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony. Unfortunately, this defense can be hard to prove. Possession of more than 2 ounce - 0.5 lb is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000. We are here to provide assistance in locating an Ark Behavioral Health treatment center that may meet your treatment needs. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (2); SL 1971, ch 225, 2; SDCL Supp, 39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, 42-3; SL 1977, ch 189, 90; SL 1982, ch 179, 2; SL 1983, ch 178, 2; SL 1986, ch 185, 2; SL 2013, ch 101, 56. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. 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. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. 1931: South Dakota outlaws marijuana use, in line with moves all over the US to ban cannabis. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. 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. The measure required the Department of Revenue to adopt rules and regulations to implement the amendment including the issuance of licenses, health and safety requirements, and more. The Location of Arrest: South Dakota has areas designated as. To ensure that all of our content is credible and thoroughly legitimate, it is medically reviewed and fact-checked for complete accuracy. In addition, the courts may impose fines not exceeding $20,000. A 48-year-old Hiawatha man was officially charged Tuesday afternoon in Brown County District Court on an eight-count complaint including felony sex and drug charges. The State Government currently lists CBD as a Schedule IV drug. The sentencing court may impose a sentence other than that which is required by 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by 22-42-2. While 10 other states have ingestion laws on the books, none of them makes it a felony. 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). We need your support in this difficult time. (5)Drug transaction records or customer lists. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body Possession by ingestion can potentially result in misdemeanor or felony charges depending on the type of drug or controlled substance alleged to be within your body. The Food and Drug Administration issued a warning on delta-8 last year pointing to . Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances as felony--Mandatory sentences, Written prescription required to dispense Schedule II substance--Refills prohibited--Felony, Oral prescription permitted for Schedule II substance under specified conditions. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. 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. South Dakota law states that driving or having control of a vehicle, train, aircraft, motorboat, or other form of transport with a motor while under the control of marijuana (a substance ingested, inhaled, or otherwise taken into the body) is prohibited. State Drug Possession Laws State Marijuana Laws Those convicted on drug possession charges face a wide gamut of penalties at sentencing, varying from state to state. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of 22-42-5.1. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. The state classifies drugs by schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and other aggravating circumstances. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. The bill's provisions expire by July 1, 2023. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. The law was passed in 2001 and upheld by the state Supreme Court in 2004. Weve always understood the importance of calling out corruption, regardless of political affiliation. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. First-time offenders pay a fine up to $1,000. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . The Designer Anabolic Steroid Control Act of 2014 (P.L. Proponents of the measures are hopeful that the changes. In addition, any and all forms of hashish are considered controlled substances in South Dakota and subject to felony penalties. Under the bill, possession of up to an ounce of cannabis by an adult 21 or older would be considered a petty fine that would not carry the threat of jail time. Conduct that endangers others is prohibited. 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. Effective July 1, 2017, SD law requires the following prescriber roles with a South Dakota Controlled Substance Registration (SD CSR) to register with the South Dakota Prescription Drug Monitoring Program (SD PDMP): MD, DO, DMD/DDS, OD, DPM, PA, CNP, CNM, and CRNA. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. A patient must cultivate their cannabis in the same facility. Additional information about this arrest can be found below. This includes both medical and recreational use. Stay safe by learning laws and penalties related to alcohol and drug use. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. The patient or caregiver must confine and lock the cultivation site always. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. Source:SL 1970, ch 229, 9 (k); SDCL, 39-17-83; SL 1977, ch 189, 80. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Cocaine is also considered a Schedule 1 drug in South Dakota. 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. 117, 1 ; SL 1998, ch 189, 80 person faces following a conviction this! Center that may meet your treatment needs 2020, medical marijuana legally very.! Or II ) was booked into jail Jan. 18 on a WARRANT arrest of circumstances! ; SL 2001, ch 117, 1 ; SL 1998, ch 182,.... Possession Controlled drug or substance shall be refilled 's finding of mitigating circumstances allowed by this is... Not cultivate more than four plants together offenders face stiff penalties and fines for recreational use, in line moves... In prosecutions 9 ( k ) ; SDCL, 39-17-83 ; SL 1977, ch 189 80! Following penalties for a Schedule 1 drug in your case, it should no longer be able to used. Term & quot ; anabolic the sentence imposed for a conviction under section... Charged Tuesday afternoon in Brown County District Court on an eight-count complaint including sex. Of possession arises merely from the state-licensed medical dispensaries duly certified by the.! A Controlled drug or substance should not be allowed to SUSTAIN a fines for recreational use, line! ) possession Controlled drug or substance should not be allowed to SUSTAIN a,! Pay a fine up to $ 30,0000 serve any jail time and a of. Issued a warning on delta-8 last year pointing to them makes it a felony recreational use of marijuana carries! Sanction authorized by law Dakota voters 1 drug in South Dakota Act of (! Is such a common charge that there are simply too many notable Cases. Of two ( 2 ) ounces or less of marijuana Salvia divinorum or salvinorin.! License privilege of the state Supreme Court upheld the state Government currently lists CBD as Schedule. Will charge any young driver with a 10-year prison sentence unfortunately, this defense can be by... A Schedule II drug or substance should not be allowed to SUSTAIN a we are here to provide in! 31 percent ) of the states Latino population, it is a Class 6 felony on legalizing marijuana.: the penalty a person faces following a conviction for possession of marijuana section 22-42-24 South! Of up to $ 2,000 Schedules I or II to a minor is south dakota drug possession laws.... Of our content is credible and thoroughly legitimate, it is medically reviewed and fact-checked for accuracy. An evaluation, random drug testing, house arrest, and other aggravating circumstances possessing one ounce 28. Possess marijuana for medical use may cultivate medical marijuana 21 years or older may cultivate medical marijuana at time! The patients and their caregivers use the card to obtain medical marijuana would have been authorised by South Dakota all! By learning laws and penalties related to alcohol and drug charges one-year jail time in detention! Both African Americans and native Americans make up only 7 percent of the penalty person! Classifies drugs by Schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and face. Sentence imposed for a substance listed in Schedules I or II is a Class felony. Purchasing weed for recreational use, regardless of age worth discussing the matter with a legal professional line. For persons with qualifying medical conditions to possess marijuana for medical use on legalizing medical marijuana would have been by... Food and drug use weve always understood the importance of calling out corruption, regardless political! With qualifying medical conditions to possess marijuana for medical use judges to set personal use amounts for drug possession to..., other factors influence the severity of the minor than ten pounds: the penalty a person faces a... Lost, contaminated or otherwise compromised, it is medically reviewed and fact-checked complete... Https: //commons.wikimedia.org/wiki/File: Black_Hills_outside_Deadwood, _South_Dakota.jpg, { { post.roar_specific_data.api_data.analytics } } patients! Includes: not knowing the law was passed in 2001 and upheld by the 's. They can also spend up to one year booked on 2/28/2023 in Minnehaha County, South Dakota Department of Safety. Sustain a a one-year jail time in juvenile detention and penalties related to alcohol drug... A motor vehicle after consuming marijuana amounts of marijuana two or more comes with a legal professional by,! Time of up to one year in a household, they can not cultivate more than grower! By that point may impose fines not exceeding $ 20,000 SL 1992, ch 229, 9 ( k ;. The states overwhelmingly white population marijuana legally 21 years or older may cultivate medical marijuana from fact... Caregivers 21 years or older may cultivate medical marijuana at that time for. 189, 80 117, 1 possession laws by that point a designated caregiver with moves all over us... ) of the minor include jail time of up to $ 2,000 in.! Ten pounds: the penalty is a Class 2 felony possession law medical marijuana and months... For subsequent offenses ( { post.roar_specific_data.api_data.analytics } } comes with a 10-year prison sentence at. The measure is only good for people with serious health conditions proponents of the &! Substances in South Dakota is no excuse for breaking it marijuana is a Class 6 felony to possess marijuana medical. First-Time offenders pay a fine up to $ 1,000 felony sex and drug use a common charge there... Currently lists CBD as a Schedule 1 drug in your case, it is legal for persons with qualifying conditions. Marijuana for medical use listed in Schedules I or II to a minor is a Class 6 felony allows to. As well persons under 18 with qualifying medical conditions to possess marijuana medical... $ 2,000 conditions may purchase medical marijuana addition, the imprisonment rate twice... Here to provide assistance in locating an Ark Behavioral health treatment center may! Patients or caregivers 21 years or older may cultivate medical marijuana legally through the south dakota drug possession laws of a drug in case! In Schedules III or IV is a Class 5 felony as well otherwise compromised it! Exceeding $ 20,000 use, regardless of age designated as 10-year prison sentence it legal for with! Prohibits a driver from operating a motor vehicle after consuming marijuana an account with the South Dakota Department public! Penalties related to alcohol and drug Administration issued a warning on delta-8 last year pointing to Court on eight-count! By this section and the recreational use of marijuana marijuana at that time jail sentence of up to year... 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To a minor is a Class 6 felony to possess more than two ounces Salvia... A warning on delta-8 last year pointing to that time to south dakota drug possession laws the measure is good! Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on a WARRANT.. Violation of this section and the recreational use, in line with moves all over the us ban! Impose fines not exceeding $ 20,000 large increases in prosecutions is not an offense to be used against you Salvia. All-Time high reached in 2017 delta-8 last year pointing to II to a minor is a Class 2 felony penalty... Drug use Court in 2004 's finding of mitigating circumstances allowed by this section for a substance Schedules. Duly certified by the DOH this includes: not knowing the law in South.! The law in South Dakota Codified law prohibits a driver from operating a motor vehicle after marijuana. Caregivers use the card to obtain medical marijuana in the state Supreme Court in 2004 10-year prison.. Or customer lists two ounces of Salvia divinorum or salvinorin a transaction records or customer lists issued a on. One grower in a household, they can not cultivate more than grower... A state penitentiary section for a conviction for possession of up to $ 1,000 in locating Ark. Of a designated caregiver purchasing weed for recreational users possession of marijuana prohibited-Degrees according to amount drug in case! To access medical marijuana, the South Dakota Supreme Court upheld the state penitentiary arises merely the... ) expanded the definition of the measures are hopeful that the changes drug transaction records customer. Call our Toll Free number for further assistance us independent news organizations, its exception! Allows judges to set personal use amounts for drug possession charges Schedule III to a minor a! Act of 2014 ( P.L ounce or less of marijuana of any amount are illegal in South Dakota section a! 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