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      South Dakota Marijuana Laws  
     
 
 
 
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South Dakota Marijuana Laws Compared

The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut.  This determination is based on level of enforcement, weight limits, fines and/or time imprisoned.  This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks. 
 
  South Dakota  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Connecticut  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Hawaii  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Maine  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
 
 
 

Misdemeanors       

 


Unlawful possession of marijuana
Any person who possesses 2 ounces or less of marijuana.
Fine: $1,000                                                     Imprisonment: Up to 1 year



Unlawful distribution/sale of marijuana (without monetary exchange)
Any person who distributes or possesses with intent to distribute less than ½ ounce of marijuana without monetary exchange.
Fine: $1,000                                                     Imprisonment: Up to 1 year



Unlawful possession/use of drug paraphernalia
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana.
Fine: Up to $200                                              Imprisonment: Up to 30 days



Unlawful delivery of drug paraphernalia
The sale of any drug paraphernalia used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute any amount of marijuana.

Fine: $2,000                                                     Imprisonment: Up to 2 years

 
 
 
 

Felonies       

 

Unlawful possession of marijuana
A person who possesses 2 ounces to ½ pound of marijuana.
Fine: $2,000                                                     Imprisonment: Up to 2 years


More than ½ pound, but less than 1 pound.
Fine: $5,000                                                     Imprisonment: Up to 5 years


More than 1 pound, but less than 10 pounds.
Fine: 10,000                                                     Imprisonment: Up to 10 years


More than 10 pounds.
Fine: $15,000                                                   Imprisonment: Up to 15 years


Unlawful distribution/sale of marijuana
Any person who distributes or possesses with intent to distribute 1 ounce or less of marijuana.
Fine: $2,000                                                     Imprisonment: Up to 2 years


More than 1 ounce, but less than ½ pound.
Fine: $5,000                                                     Imprisonment: Up to 5 years



More than ½ pound, but less than 1 pound.
Fine: $10,000                                                   Imprisonment: Up to 10 years


More than 1 pound.
Fine: $15,000                                                   Imprisonment: Up to 15 years


Unlawful distribution/sale of marijuana to a minor
Any person who distributes any amount of marijuana to a minor.
Fine: $10,000                    Imprisonment: MMI 30 days Up to 10 years

MMI= Mandatory Minimum Imprisonment

Note: Second or subsequent offenses result in much harsher fines and/or penalties than noted for this state.  Possession/sale/distribution of marijuana within a school zone and/or to minors results in much harsher penalties in this state.

 

 

 
 
 
 United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States.  With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses. 
 
 
 
 Source
South Dakota Codified Laws
22-42A-3, 22-42A-4, 22-42-7, 22-42-6
FBI Uniform Crimes Report

 
 
State by State Laws
Curve
 
Curve In the News Curve
Curve Curve
 
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