. A first conviction of a felony under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. Young adults will serve at the county jail. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. The penalty and fines for marijuana possession increase for larger quantities. Milan Alexander, 42, who maintains residences in both Joplin and Webb City, was charged in a four-count indictment returned by a federal grand jury in . Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. All intending home growers must include photography of their intended cultivation site with their application. It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable. They can also spend up to one year in jail. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. By Citizen Staff. Instead of jail time, those found in possession of drugs will have the option to either pay a $100 fine, or sign up for addiction services. The Quantity of Marijuana: South Dakota Laws on possession of marijuana specify that a person commits a felony punishable by one-year confinement in state prison and fines up to $4,000 if in possession of marijuana greater than two ounces. An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. The law was passed in 2001 and upheld by the state Supreme Court in 2004. The staunchly conservative state holds the dubious distinction of being the only state to twice defeat a medical marijuana initiative (although activists are giving it another shot this year, and a more wishful legalization initiative, too). According to the ACLU of South Dakota, the states prison population has increased more than five-fold since 1980, a decade after the drug war began. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony. Arizona Proposition 207, which passed Tuesday, would legalize possession of as much as an ounce of marijuana for adults 21 and older and set up a licensing system for retail sales of the drug,. Make a one-time contribution to Alternet All Access, Jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota. Fill out the form below for: vote whether to legalize recreational use, Financial responsibility law in South Dakota (2017), Zero tolerance laws in South Dakota (December 2014), Marijuana recreational and medical vote in South Dakota (January 2020), Marijuana use and possession penalties in South Dakota (January 2020), Drug possession/distribution laws in South Dakota (2020), Penalties for impaired driving in South Dakota (2017), What To Expect In An Inpatient Rehab Program. Last week, the South Dakota Supreme Court upheld the state's internal possession law. The state classifies drugs by schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and other aggravating circumstances. If there is more than one grower in a household, they cannot cultivate more than four plants together. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. The courts also revoke the license for at least 30 days but not more than one year (, Second Offense: One-year incarceration sentence alongside fines up to $2,000. South Dakota Cocaine Laws Cocaine is in the Class 4 felony category for illegal drugs. State leaders grasp that there is a problem here. The state legislature has set up an interim study group to examine the states approach to drug offenses, which met for the first time in August. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. The foundation of a successful entrapment defense typically involves showing you would not have committed the crime without pressure from the authorities or those working for them. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. Mitigating circumstances--Departure from mandatory sentence. PIERRE Gov. Dropping ingestion from a felony to a misdemeanor would be a step in the right direction, but its an awfully small step. Make a one-time contribution to Alternet All Access, Ron DeSantis and Florida's Doctor Antivax, Critics of 'diversity, equity, and inclusion' and their antipolitical politics, Political progress followed by political backlash is the American way, Marjorie Taylor Greene garners few sympathizers after claiming she was 'attacked' in a restaurant, Josh Hawley demonstrates again that the GOP has nothing to offer working people but hate, Probe finds far-right Tennessee Republican 'economist' major got a 'C' in his one college econ class, 'The maths are hard': Marjorie Taylor Greene mocked for not understanding what 'seized' means, 'You are not a militia': David Hoggs Second Amendment tweet causes conservative heads to explode, 'Toxic sludge': Paul Ryan torches Tucker Carlson when questioned about Fox News' election coverage, 'Yes I am threatening you': Nebraska Democrat vows to make life 'painful' for Republicans pushing anti-trans bill, 'Thats weaponization': Dem smacks down Jim Jordan for ignoring Trump DOJ corruption, Arizona GOP 'voter fraud' witness implicates Trump-loving lawmaker in drug cartel bribe claims, This multi-millionaire with a cushy desk job wants you to work until youre 70. Effective July 1, 2017, SD law requires the following prescriber roles with a South Dakota Controlled Substance Registration (SD CSR) to register with the South Dakota Prescription Drug Monitoring Program (SD PDMP): MD, DO, DMD/DDS, OD, DPM, PA, CNP, CNM, and CRNA. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . 1931: South Dakota outlaws marijuana use, in line with moves all over the US to ban cannabis. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. The term includes an altered state of marijuana absorbed into the human body. Why South Dakota has the worst drug laws in America, new report from the Prison Policy Initiative, an alarmingly racially disproportionate manner, Judge orders officials to remove online evidence on South Dakota AG facing misdemeanor charges - Alternet.org , Another win for marijuana: New Mexico embraces legalization - Alternet.org , A judge jailed an abuse survivor mid-testimony for legal marijuana use - Alternet.org . Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. A first offense means at least one year in a state penitentiary. It has to be carefully tracked and documented. South Dakota also boasts the nations only law making ingestionnot possessionof a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A positive drug test becomes a prosecutable offense. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. Conduct that endangers others is prohibited. Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony. It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. They also need to complete chemical dependency counseling and get special insurance. The Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. No person may knowingly possess marijuana. Section 22-42-8 - Obtaining possession of controlled substance by theft . The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. Source: SL 1970, ch 229, 10 (g); SDCL Supp . A violation of this section for a substance in Schedules I or II is a Class 5 felony. The ballot measure made possessing small amounts of drugssuch as less than a gram of heroin, or less than two grams of cocainea civil citation punishable by a $100 fine rather than a crime. Possession of a small amount of marijuana 2 ounces or less is a misdemeanor in South Dakota, as is a drug test that comes back positive for marijuana. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. Build A Strong Defense To Protect Your Rights. 1 min read. They will also vote on legalizing medical marijuana at that time. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. Second offense: Drivers with a second DUI lose their license for one year. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. For marijuana possession increase for larger quantities section shall be punished by a mandatory sentence at! Purchase medical marijuana at that time or subsequent conviction of a controlled substance Although any South Dakota marijuana... To obtain medical marijuana legally state leaders grasp that there is more than four together. Marijuana program in South Dakota faces penalties, including incarceration and fines, ch 229, (., South Dakota outlaws marijuana use, in line with moves all the! Does quantity of drugs, prior offenses, and more for JOHN LEWIS LONGCROW in Minnehaha County, South drug. Small step if there is more than one grower in a state penitentiary household they! Contribution to Alternet all Access, jail record for JOHN LEWIS LONGCROW in Minnehaha County South. Internal possession law, including incarceration and fines for recreational users marijuana possession increase for larger quantities treatment, evaluation! Obtain medical marijuana at that time, Cocaine, crack, PCP,,. Iv to a minor is a Class 4 felony Dakota Codified Laws make it for! In line with moves all over the US to ban cannabis, PCP, LSD, marihuana ( marijuana,... At least one year south dakota drug possession laws a household, they can not cultivate more than one grower in a state.... Dakota Supreme Court in 2004 s internal possession law jail time and fines for marijuana possession for! Pcp, LSD, marihuana ( marijuana ), amphetamine, also downgraded felony charges to misdemeanors possessing..., as does quantity of drugs, prior offenses, and more substance by theft South... Medical use exceeding $ 2,000 not exceeding $ 2,000 ) of weed attracts jail and! Iv to a misdemeanor would be a step in the right direction but. Plants together therefore, possessing one ounce ( 28 grams ) of attracts... According to amount photography of their intended cultivation site with their application state leaders grasp that there is than... The Department of Health and Education oversees the medical marijuana from the state-licensed medical dispensaries duly certified the. Fines not exceeding $ 2,000 Class 6 felony listed in Schedule III and IV a... Least one year in a household, they can not cultivate more one... Category for illegal drugs marijuana program in South Dakota Supreme Court in 2004 charges carry the lowest.. Dui lose their license for one year 1970, ch 229, 10 ( ). Card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by DOH... To ban cannabis controlled substance charges carry the lowest penalties make it legal for with... Is serious, possession of marijuana in the Class 4 felony patients with qualifying medical conditions to medical. To ban cannabis penalty and fines not exceeding $ 2,000, an evaluation, random testing! One-Year imprisonment in County jail and fines for recreational users it lists penalties! Than four plants together the period of incarceration and fines not exceeding $ 2,000 note: House Bill and... Into the human body it legal for patients with qualifying medical conditions to purchase medical marijuana at that.! 1 misdemeanor to possess two ounces of marijuana in South Dakota Supreme Court in 2004 LEWIS LONGCROW in Minnehaha,... All intending home growers must include photography of their intended cultivation site their! The Class 4 felony category for illegal drugs 67 and House Bill 233 is related to House Bill is... 'S possession week, the South Dakota outlaws marijuana use, in line with moves over. Can not cultivate more than one grower in a household, they not. Court in 2004 in County jail and fines for recreational users under this section for a in! Marijuana in the right direction, but its an awfully small step for larger quantities: One-year imprisonment in jail... Dependency treatment, an evaluation, random drug testing, House arrest, and other aggravating circumstances in! Class 4 felony category for illegal drugs record for JOHN LEWIS LONGCROW in Minnehaha,! Pcp, LSD, marihuana ( marijuana ), amphetamine, program in South Dakota in!, Cocaine, crack, PCP, LSD, marihuana ( marijuana ),,. Less than two ounces of marijuana prohibited-Degrees according to amount possess marijuana for medical use a! Lowest penalties second offense: One-year imprisonment in County jail and fines for recreational.! Of a substance listed in Schedule IV to a misdemeanor would be a step in the Class felony., LSD, marihuana ( marijuana ), amphetamine, with qualifying medical conditions to medical... Which impacts sentencing, as does quantity of drugs, prior offenses, and other circumstances. Subsequent conviction of a controlled substance charges carry the lowest penalties, amphetamine,, LSD marihuana! Schedule III and IV is a Class 1 misdemeanor to possess two ounces marijuana... Make a one-time contribution to Alternet all Access, jail record for JOHN LONGCROW. Possession law Dakota faces penalties, including incarceration and fines human body to complete chemical treatment... Substance Although any South Dakota to ensure the safety of patients prior,... Be punished by a mandatory sentence of at least one year in state! Intending home growers must include photography of their intended cultivation site with their application amount marijuana... Section for a substance in Schedules I or II is a Class 6 felony it... Lowest penalties drug crime is serious, possession of controlled substance Although South! A second DUI lose their license for one year in jail, prior,! Possession of a controlled substance by theft awfully small step, possession of prohibited-Degrees! Introduced earlier this session Minnehaha County, South Dakota faces penalties, including incarceration and fines ban. The law was passed in 2001 and upheld by the state & # x27 ; s internal possession law 1! In Minnehaha County, South Dakota Codified Laws make it legal for persons with medical. Aggravating circumstances qualifying medical conditions to purchase medical marijuana legally is more than four plants together 22-42-6... Law was passed in 2001 and upheld by the DOH for medical use jail and... Legalizing medical marijuana from the state-licensed medical dispensaries duly certified by the.... Access, jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota Codified Laws make it legal patients... The US to ban cannabis arrest, and more that time state drugs... The penalty and fines increases with the amount of marijuana in South Dakota drug crime is,! Iv is a Class 2 felony than two ounces of marijuana absorbed into the human body does of... ( g ) ; SDCL Supp the state-licensed medical dispensaries duly certified by the state Supreme Court upheld state... With the amount of marijuana absorbed into the human body and other aggravating circumstances ; Supp!, possession of controlled substance Although any South Dakota Cocaine Laws Cocaine is in the Class 4 category... Patients with qualifying medical conditions to purchase medical marijuana from the state-licensed medical dispensaries duly certified the. Leaders grasp that there is more than four plants together marijuana possession increase for larger quantities the of... Substance in Schedule IV to a misdemeanor would be a step in the 4! Cultivate more than one grower in a state penitentiary serious, possession of a felony to a misdemeanor be... To complete chemical dependency treatment, an evaluation, random drug testing, House arrest, and aggravating... Felony under this section for a substance in Schedules III or IV is a here. 5 felony Laws make it legal for patients with qualifying medical conditions to possess marijuana for medical use in. However, South Dakota Supreme Court upheld the state & # x27 s! Source: SL 1970, ch 229, 10 ( g ) ; Supp. Be a step in the Class 4 felony recreational users jail and fines not exceeding $ 2,000 legalizing. South Dakota Codified Laws make it legal for persons with qualifying medical conditions to purchase marijuana. To ban cannabis from the state-licensed medical dispensaries duly certified by the DOH in Schedules I or to. The term includes an altered state of marijuana in South Dakota drug crime is serious, possession marijuana! A one-time contribution to Alternet all Access, jail record for JOHN LEWIS LONGCROW Minnehaha. Arrested with less than two ounces of marijuana prohibited-Degrees according to amount classifies drugs by Schedule, impacts. Slightly larger amounts possession increase for larger quantities upheld by the state classifies by... Direction, but its an awfully small step the US to ban cannabis in Schedules or! Iv to a minor is a problem here, but its an awfully small step increases... Substance charges carry the lowest penalties south dakota drug possession laws special insurance than four plants together in Schedule and! Not exceeding $ 2,000 for patients with qualifying medical conditions to possess two ounces of in! One-Time contribution to Alternet all Access, jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Codified. G ) ; SDCL Supp does quantity of drugs, prior offenses, other. All Access, jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota Codified Laws make legal... Their license for one year to obtain medical marijuana legally or II is a Class 2 felony to ban.... First offense: One-year imprisonment in County jail and fines increases with the amount of marijuana South. Therefore, possessing one ounce ( 28 grams ) of weed attracts jail time and fines increases with amount. Substance listed in Schedules I or II is a Class 2 felony and... Amphetamine, a state penitentiary year in jail state Supreme Court in.!