South Dakota

Map of South Dakota Marijuana Laws

 Best To Avoid MJ In The Mount Rushmore State

When people think about South Dakota, they may think, Mount Rushmore, Deadwood, Crazy Horse and other cool historical landmarks. What’s not cool about South Dakota is it’s attitude towards marijuana. Not only can you get in trouble for possessing it, but you can be incarcerated for just being in the same room with marijuana. Not cool, South Dakota. Like its Northern state sibling (North Dakota), you’re better off not taking the risk of partaking while traveling to or through SoDak.

Fines & Jail Time

Possessing or selling marijuana in South Dakota will surely result in heavy fines, if not years of jail time. Possessing 2 oz or less of week can get you a year in jail and up to $2,000 in fines. 2oz – ½ lb can be 1 year and $4,000, ½ – 1 lb can jump up to 5 years and $10,000, 1-10 lbs will double the time and fine.  More than 10 lbs can result in 15 years and up to $30,000 in fines.

Selling is just as risky. While it’s always a bad idea to try to sell weed near a school or other areas, getting caught will result in a MMS of 5 years and $10,000. Just selling less than ½ oz will get you a MMS of 15 days, but the sentence may be up to a year. Any more and you can expect the same kind of sentencing as possession charges.

Whether you possess, manufacture, distribute, or dispense hash and/or concentrates of any amount, the sentence is up to 10 years with a $20,000 fine. Subsequent offenses may increase the amount of incarceration and fines.

South Dakota Marijuana Laws SummaryHowever, the offense that may offend people who appreciate marijuana the most is the punishment related to just being in the same room with pot. According to South Dakota law, inhabiting a room where marijuana is being used or stored can result in 1 year of jail time and up to $2,000 in fines.

Any Hope for Medical Marijuana?

Unlike its neighboring state, Minnesota, which finally got onboard with medical marijuana in 2014. South Dakota seems to be digging their heels and giving an adamant “NO”, even though lawmakers are billed to discuss medical marijuana sometime in 2015.

MMS Law in South Dakota

When someone is convicted of a punishable offense by the Mandatory Minimum Sentence (MMS), the judge has no choice but to sentence the defendant (yes, even the friendly and peaceful pot smokers) to the MMS.  Individuals who serve a MMS are not eligible for parole. In South Dakota, MMS seems to only apply to cases where possession was less than ½ oz. But remember, things can change.

The Lowdown

Although there are a quite a few cool tourist spots in “The Mount Rushmore State”, don’t get caught with pot. Even being in close proximity of marijuana, could get you in trouble. We don’t know about you, but we have better things that we could be doing than spending time behind bars. Sadly, the “Old West” might be stuck in their old ways.

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