| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| 2 oz or less | Misdemeanor | 1 year | $ 2,000 |
| 2 oz - 1/2 lb | Felony | 2 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 |
| A civil penalty of up to $10,000 may be imposed in addition to any criminal penalty | |||
Sale |
|||
| Less than 1/2 oz without consideration | Misdemeanor | 15 days* - 1 year | $ 2,000 |
| Under 1 oz. | Felony | 30 days* - 2 years | $ 4,000 |
| 1 oz - 1/2 lb | Felony | 30 days* - 5 years | $ 10,000 |
| 1/2 - 1 lb | Felony | 30 days* - 10 years | $ 20,000 |
| More than 1 lb | Felony | 30 days* - 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 | 1* - 10 years | $ 20,000 |
| Manufacturing, distributing, or dispensing | Felony | 1* - 10 years | $ 20,000 |
| Subsequent offenses carry greater penalties | |||
Paraphernalia |
|||
| Possession of paraphernalia | Misdemeanor | 30 days | $ 500 |
| Sale of paraphernalia | Felony | 5 years | $ 10,000 |
Miscellaneous |
|||
| Inhabiting a room where marijuana is being used or stored | Misdemeanor | 1 year | $ 2,000 |
| Updated May 12, 2023 | |||
Penalty Details
Possession
** South Dakotans in November 2020 passed Constitutional Amendment A, to amend the states marijuana possession laws and to regulate retail sales. The vote was eventually overturned by the State Supreme Court and failed to take effect.
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.
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.
Possession of 0.5 pound – 1 pound is a Class 5 felony, punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
Possession of 1 pound -10 pounds is a Class 4 felony, punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
Possession of more than 10 pounds is a Class 3 felony, punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.
A civil penalty may also be imposed following a conviction. This penalty cannot exceed $10,000.
- S.D. Codified Laws § 22-42-6 (2015) Web Search
- S.D. Codified Laws § 22-6-1 (2015) Web Search
- S.D. Codified Laws § 22-6-2 (2015) Web Search
Sale
The sale or distribution of less than 1/2 ounce is a Class 1 misdemeanor punishable by a mandatory minimum sentence of 15 days- 1 year imprisonment and a maximum fine of $2,000.
The sale or distribution of 1 ounce or less is a Class 6 felony punishable by at least 30 days and a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.
The sale or distribution of 1 ounce – 0.5 pound is a Class 5 felony which is punishable by at least 30 days and a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
The sale or distribution of 0.5 pound – 1 pound is a Class 4 felony which is punishable by at least 30 days and a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
The sale or distribution of more than 1 pound is a Class 3 felony, punishable by at least 30 days and a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.
The sale or distribution of 1 ounce or less to a minor is a Class 5 felony, punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
The sale or distribution of 1 ounce – 0.5 pound to a minor is a Class 4 felony which is punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
The sale or distribution of 0.5 pound – 1 pound to a minor is a Class 3 felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.
The sale or distribution of more than 1 pound to a minor is a Class 2 felony which is punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $50,000.
* The first felony conviction is punishable by a mandatory minimum sentence of 30 days imprisonment. A second or subsequent felony conviction is punishable by a mandatory minimum sentence of 1 year imprisonment.
The sale within 1,000 feet of a school or within 500 feet of other designated areas is a penalty that is punishable by a mandatory minimum sentence of 5 years imprisonment and a maximum fine of $10,000.
- S.D. Codified Laws § 22-42-7
- S.D. Codified Laws § 22-6-1
- S.D. Codified Laws § 22-6-2
Cultivation
Cultivation in South Dakota will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. See the “Possession” and “Sale” sections for further penalty details.
Hash & Concentrates
South Dakota defines hashish as the resin extracted from any part of the cannabis plant. Hashish and concentrates constitute a Schedule I controlled substance.
- S.D. Codified Laws § 34-20B-1(9)
- S.D. Codified Laws § 34-20B-14 (10)
Manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a Class 4 felony punishable by a term of imprisonment of 10 years and a fine no greater than $20,000. A first time conviction carries a minimum term of imprisonment of 1 year, with subsequent conviction carrying a minimum term of imprisonment of 10 years. If the hashish or concentrates were distributed or dispensed to a minor, then the offense is a Class 2 felony punishable by a term of imprisonment of 25 years and a fine no greater than $50,000. A first conviction involving a minor carries a minimum term of imprisonment of 5 years, with subsequent convictions carrying a minimum term of imprisonment of 15 years.
- S.D. Codified Laws § 22-42-2
- S.D. Codified Laws § 22-6-1
Possession of hashish or concentrates is a Class 4 felony punishable by a term of imprisonment of 10 years and a maximum fine of $20,000.
- S.D. Codified Laws § 22-42-5
- S.D. Codified Laws § 22-6-1
If hashish or concentrates were manufactured, distributed, dispensed, or possessed with intent to distribute or dispense within 1,000 feet of a school or playground or 500 feet of a youth center, public swimming pool, or arcade the offense is a Class 4 felony punishable by a minimum term no less than 5 years and no greater than 10 years and a fine no greater than $20,000.
- S.D. Codified Laws § 22-42-19
Any equipment or device that is used to create or manufacture hashish or concentrates is considered drug paraphernalia. Possessing any such device is a Class 2 misdemeanor punishable by a term of imprisonment of 30 days and/or a fine of $500. Manufacturing or delivering any such device is Class 6 felony punishable by term of imprisonment of 2 years and/or a fine no greater than $4,000.
- S.D. Codified Laws § 22-42A-1(2)
- S.D. Codified Laws § 22-6-2
- S.D. Codified Laws § 22-6-1(9)
Paraphernalia
The possession of paraphernalia is a Class 2 misdemeanor, punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $500. Sale of paraphernalia is a felony, punishable by up to 5 years imprisonment and a fine of up to $10,000
- S.D. Codified Laws § 22-42A-3
Miscellaneous
Inhabiting a room where marijuana is being used or stored is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
Last Updated May 12, 2023
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.