Many people visit South Dakota from states where recreational or medical marijuana is legal. Events such as the Sturgis Motorcycle Rally bring visitors from across the country. You might think marijuana that you bought legally at home stays legal everywhere you travel. That mistake could lead to criminal charges.
South Dakota has its own marijuana laws. You could face charges for possessing marijuana, even if you bought it legally in another state. Learning the rules before your trip may help you avoid legal problems that interrupt your visit.
Why does legal marijuana from another state still create risks?
Every state makes its own marijuana laws. A product you bought legally in Colorado, California or another state does not automatically become legal when you cross into South Dakota.
Traveling across state lines with marijuana may also create federal legal issues. Federal law still lists marijuana as a controlled substance under the Controlled Substances Act. That means taking marijuana from one state to another could bring additional legal risks.
Many visitors also think a receipt from a legal dispensary will protect them. That is not always true. South Dakota Codified Laws allow limited recognition of some out of state medical marijuana cards. If you meet the state’s requirements, you may possess up to three ounces of medical marijuana. A receipt for recreational marijuana or a medical marijuana card that does not meet those requirements generally will not provide the same protection.
What marijuana charges could you face?
The details of your situation may affect the charges and possible penalties. South Dakota law may apply if you:
- Possess marijuana for personal use
- Carry marijuana concentrates, vape cartridges or edible cannabis products
- Bring marijuana across state lines
- Carry larger amounts that law enforcement may view as intent to sell
South Dakota states that possessing two ounces or less of plant marijuana may result in a Class 1 misdemeanor. State law treats marijuana concentrates, vape cartridges and resin based cannabis products more seriously. Those products may lead to a Class 5 felony charge. Larger amounts or evidence of selling marijuana could also lead to felony charges. The possible penalties often depend on the type of product, the amount involved and the facts of your case.
Which misconceptions often lead to arrests?
Some common misconceptions can create legal problems for visitors who assume South Dakota follows the same rules as their home state. Before you travel, keep these important points in mind:
- Recreational marijuana remains illegal in South Dakota, even if it is legal in your home state.
- Out-of-state medical marijuana cards may offer limited protection only if they meet South Dakota’s reciprocity requirements.
- Marijuana concentrates, vape cartridges and similar cannabis products may carry more serious penalties than small amounts of plant marijuana.
- Sealed marijuana packages from legal dispensaries may still lead to criminal charges.
Knowing these rules before you travel could help you avoid mistakes that catch many visitors by surprise.
Stay informed before your trip
A motorcycle rally, vacation or road trip should leave you with good memories. Taking a little time to learn South Dakota’s marijuana laws before you arrive may help you avoid legal problems during your visit. Laws can change from one state to another, so checking the rules before you cross the border could make your trip much smoother.