Kinney Law, pc

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121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
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Rapid City, SD 57701

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Sturgis, SD 57785

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What progress in marijuana laws means for South Dakotans

There are many advocates in South Dakota and surrounding areas who would love to see marijuana legalized. In recent years, they have made significant progress in convincing state and federal authorities to rethink legislature which bans marijuana and its derivative compounds. Considerations have taken place as recently as a few months ago, in fact, that might be indicative of progress.

There are several things that every South Dakotan — or person visiting South Dakota — should know about marijuana in the state. Read on for more information on its current legal status, the possibility of that status changing in the foreseeable future and the consequences currently associated with possession.

Medical use may become legal

According to The Associated Press, South Dakota is one of many states that could see one of the active components of marijuana become legal for those with a prescription. The bill in question seeks to achieve FDA approval for cannabidiol. If approved, medical use of the substance would be legalized and it would no longer be a Schedule IV controlled substance — as it currently is in the state.

Marijuana is still not fully legal

Despite this recent progress, it is important to remember that marijuana still is not legal, and this includes derivatives such as THC and CBD. Even if it is legal in your home state and you have a prescription, possessing the substance within South Dakota state lines can land you in big trouble. Until legislation is approved that specifically legalizes it in South Dakota, it remains a restricted substance.

You can still face legal charges

Because it is still a restricted substance, possessing or distributing marijuana will almost certainly result in criminal charges. Many people mistakenly believe that the progress made in other states means South Dakota authorities will not crack down on marijuana. Unfortunately, this is not true, but you can fight against marijuana-related criminal charges.

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