While dozens of states have legalized cannabis for recreational and medical use, South Dakota remains an exception. Possession of marijuana in the state can result in significant fines and even jail time.

Read on to get the facts about types of cannabis crimes and associated penalties in South Dakota.

Misdemeanor possession

Having less than 2 ounces of marijuana on your person or in your home or vehicle results in a class 1 misdemeanor charge. This charge carries up to a year in prison and up to $1,000 in fines for the first offense, a mandatory 15-day jail sentence and up to two years in prison with $2,000 in fines for the second offense and a mandatory 30 day jail sentence, up to three years in prison and up to $5,000 in fines for subsequent offenses. In addition, if a law enforcement officer finds marijuana in your vehicle, you will receive a 90-day license suspension.

Felony possession

South Dakota considers marijuana possession in excess of 2 ounces a felony offense, with increasing penalties depending on the amount. With a conviction, you will receive at least 30 days in jail for the first offense and at least one year for a second offense, in addition to fines and administrative penalties.

Sale of marijuana

Felony charges for selling marijuana in South Dakota result in mandatory jail time. The legal consequences include:

  • Up to 8 ounces: 30 days to two years in prison and $2,000 fine
  • Up to 1 pound: 30 days to five years in prison and $5,000 fine
  • More than 1 pound: Minimum of 15 years in prison and $15,000 fine

Each felony charge is also subject to a $10,000 administrative penalty.

If you face charges of selling or possessing marijuana in South Dakota, you should protect your legal rights in court. Depending on the circumstances of your case, you could receive a reduced sentence.