South Dakota – Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

2 oz or less Misdemeanor 1 year $ 2,000
2 oz – 1/2 lb Felony 1 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

Sale

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

Hash & Concentrates

Possession Felony 10 years $ 20,000
Manufacturing, distributing, or dispensing Felony 10 years $ 20,000
Subsequent offenses carry greater penalties

Paraphernalia

Possession of paraphernalia Misdemeanor 30 days $ 500

Miscellaneous

Inhabiting a room where marijuana is being used or stored Misdemeanor 1 year $ 2,000

Penalty Details

Possession

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.

See

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 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 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 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 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.

See

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.

See

  • S.D. Codified Laws § 34-20B-1(9) (2015) Web Search
  • S.D. Codified Laws § 34-20B-14 (10) (2015) Web Search

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.

See

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.

See

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.

See

  • S.D. Codified Laws § 22-42-19 (2015) Web Search

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.

See

  • S.D. Codified Laws § 22-42A-1(2) (2015) Web Search
  • S.D. Codified Laws § 22-6-2 (2015) Web Search
  • S.D. Codified Laws § 22-6-1(9) (2015) Web Search

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.

See

  • S.D. Codified Laws § 22-42A-3 (2015) Web Search

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.

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.