[ back ]      go back  
 South Dakota Marijuana Law
Mandatory * Details 
  Incarceration Fine 
Possession*
2 oz or less misdemeanor 1 year $1,000
2 to 8 oz felony 2 years $2,000
8 oz to 1 lb felony 5 years $5,000
1 to 10 lbs felony 10 years $10,000
More than 10 lbs felony 15 years $15,000
*A positive urine test or other evidence of recent marijuana use is considered possession.
Sale or Cultivation
Delivery of less than 1/2 oz misdemeanor 15 days MMS** - 1 year $1,000
1 oz or less felony
2 years
$2,000
1 to 8 oz felony
5 years
$5,000
8 oz to 1 lb felony 10 years $10,000
1 lb or more felony 15 years $15,000
To a minor felony 10 years $10,000
Within 1,000 feet of a school or within 500 feet of specified areas. felony 5 years MMS** $10,000
**Mandatory minimum sentence.
All convictions carry the MMS of 30 days (first offense), 1 year (subsequent offense).
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 30 days $200
Inhabiting a room where marijuana is being stored or used misdemeanor 1 year $1,000

[ top ]

Details

Possession of two ounces or less of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $1,000. Possession of less than eight ounces is punishable by up to two years in prison and a fine up to $2,000. For less than one pound, the penalty increases to a possible five years in prison and a fine up to $5,000. Possession of 10 pounds or less carries up to 10 years in prison and a fine up to $10,000. For amounts over 10 pounds, the penalty is up to 15 years in prison and a fine up to $15,000.

A positive urine test or other evidence of recent marijuana use is considered possession and is punished as such.

Inhabiting a room where marijuana is being stored or used is punishable my up to one year in jail and a fine of up to $1,000.

Transferring less than one-half ounce of marijuana for no remuneration is punishable by not less than 15 days and not more than one year in jail and a fine up to $1,000. Cultivation, delivery or sale of one ounce or less is punishable by up to two years in prison and a fine up to $2,000. For amounts less than eight ounces the penalties increase to a possible five years in prison and a fine up to $5,000. Cultivation, delivery or sale of less than one pound carries a penalty of up to 10 years in prison and a fine up to $10,000. For any amounts of one pound or more, the penalty increases to a possible 15 years in prison and a fine up to $15,000.

All convictions for sale, cultivation or distribution carry a mandatory minimum sentence of 30 days for the first offense and one year for the second or subsequent offense.

Any sale to a minor is punishable by up to ten years in prison and a fine of up to $10,000. Any sale within 1,000 feet of a school or within 500 feet of a youth center, public pool or video arcade carries a penalty of a five-year mandatory minimum prison sentence.

The use or possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $200.

[ top ]

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.

[ top ]