South Dakota Marijuana Laws
As of July 2021, cannabis is legal for both recreational and medical use. Adults may possess up to one ounce of cannabis with no more than eight grams in concentrated form.
LAW BREAKDOWN
LAW BREAKDOWNS
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.
Possession
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 1 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 1 year in jail and $4,000 in fines. If the amount is between half a pound and 1 pound, the top punishment is 5 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 oz or less* | No penalty | None | $ 0 |
| 2 oz or less | Misdemeanor | 1 year | $ 2,000 |
| 2 oz – 1/2 lb | Felony | 1 year | $ 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 |
| * Law takes effect July 21, 2021. | |||
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Sale
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 1 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 2 years in prison and $4,000 in fines. If the amount is between 1 ounce and half a pound, a maximum of 5 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 5 years in prison, plus up to $10,000 in fines. Sale of any amount to a minor is a felony and carries additional penalties.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 | |||
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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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession | Felony | 10 years | $ 20,000 |
| Manufacturing, distributing, or dispensing | Felony | 10 years | $ 20,000 |
| Subsequent offenses carry greater penalties | |||
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Paraphernalia
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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of paraphernalia | Misdemeanor | 30 days | $ 500 |
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Miscellaneous
South Dakota has a law which prohibits inhabiting a room in which marijuana is stored or used. The offense is a misdemeanor and the maximum penalty is one year in jail and $2,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Inhabiting a room where marijuana is being used or stored | Misdemeanor | 1 year | $ 2,000 |
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Medical Marijuana
MEDICAL MARIJUANA
Medical marijuana is not currently legal in South Dakota but will become legal on July 1, 2021 due to Measure 26 being passed.
QUALIFYING CONDITIONS:
N/A
PATIENT POSSESSION LIMITS:
N/A
HOME CULTIVATION:
N/A
STATE-LICENSED DISPENSARIES:
N/A
CAREGIVERS:
N/A
RECIPROCITY:
N/A
South Dakota Marijuana Attorneys
The following South Dakota lawyers are actively involved in the practice of cannabis law:
