Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. They will also vote on legalizing medical marijuana at that time. To purchase marijuana legally in South Dakota, the individual must be 18 years or older. In South Dakota, that law was implemented in 2001 and it not only makes it illegal to have marijuana - or any drug - in your system, but it is also a felony offense. We provide a list of treatment centers located within the United States that are JHACO or CARF accredited. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SDCL Supp, 39-17-95; SL 1976, ch 158, 42-5; SL 1985, ch 186; SL 1998, ch 139, 1; SL 2013, ch 101, 58. The group noted that Native Americans between ages 15 and 64 are incarcerated at 10 times the rate of white people in South Dakota., Its time to come to terms with the significant racial disparities that are so ingrained in our criminal legal system, said Libby Skarin, ACLU of South Dakota policy director. The group includes legislators, law enforcement, court administrators, the South Dakota attorney general and the secretary of the Department of Corrections, but not public health officials or actual drug users. Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice 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. Initiated Measure 27 legalizes the possession, use, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony. He has been a drug policy journalist for the past two decades. A first offense means at least one year in a state penitentiary. Source:SL 1970, ch 229, 10 (e) (3); SDCL Supp, 39-17-106; SL 1977, ch 189, 85; SL 1984, ch 239, 3; SL 1990, ch 167; SL 1998, ch 139, 4. They include: The punishment a first-time offender receives for possession of marijuana depends on the amount of weed they carry at the time of the arrest. 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. Source:SL 1970, ch 229, 9 (k); SDCL Supp, 39-17-83; SL 1977, ch 189, 81. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section. A violation of this section is a Class 6 felony. South Dakota voters approved medical marijuana in 2020. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. Mitigating circumstances--Departure from mandatory sentence. Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 . Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. One pound to ten pounds: It is a class 4 felony to possess marijuana up to 10 pounds, and persons found guilty face incarceration of up to 10 years. 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). Arrest date: 2023-02-27 CHARGES: STATE CHARGES 26501 Parole Violation STATE CHARGES 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II) STATE CHARGES 22-42A-3 Possession or Use Drug Paraphernalia WARRANT original charge 32-33-18.2 Aggravated First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. This type of possession arises merely from the fact that there are metabolites of a drug in your system. Drivers found guilty lose their license for at least 30 days to one year. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. Individuals may possess one ounce or less of marijuana. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. A violation of this section is a Class 4 felony. South Dakotas codified laws stipulate that patients in the medical marijuana program may grow not more than two flowering cannabis plants and two non-flowering cannabis plants at home. For all of us independent news organizations, its no exception. Stay safe by learning laws and penalties related to alcohol and drug use. The penalty and fines for marijuana possession increase for larger quantities. 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. Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. A 48-year-old Hiawatha man was officially charged Tuesday afternoon in Brown County District Court on an eight-count complaint including felony sex and drug charges. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. Drug Possession Cases Possession is such a common charge that there are simply too many notable possession cases to list. Revocation of the license for at least one year and mandatory completion of a court-approved chemical dependency program (, Third Offense: Up to two imprisonment and fines not exceeding $4,000. Furthermore, the court revokes the driver's license for at least two years and mandates the individual to complete a rehabilitation counseling program approved by the court (, Fifth and Subsequent Offense: Suspension of license for not less than three years, fines not exceeding $20,000, and jail time of up to 10 years. It has to be carefully tracked and documented. A violation of this section is a Class 5 felony. In addition, the courts may impose fines not exceeding $20,000. The law also funds drug addiction treatment from marijuana sales taxes. State Laws and Published Ordinances - South Dakota Current through the 2019 General Session of the 94th South Dakota Legislative Assembly, Executive Order 2019-1 and Supreme Court Rule 19-16. Weve always understood the importance of calling out corruption, regardless of political affiliation. 844, applies to them. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES of marijuana, you face felony charges that are punishable by 1 to 15 years in jail and fines ranging from $4,000 to $30,000, depending on the amount of the drug in your possession. Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user; (7)"Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. Drivers in South Dakota are impaired if their blood alcohol level (BAC) is above .08. South Dakota has one of the strictest marijuana laws in the USA. Maybe youre planning a trip to South Dakota to visit Wall Drug and Mount Rushmore. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. The imprisonment rate for both African Americans and Native Americans was seven times that of the states overwhelmingly white population. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. With endless miles of farmland shading into ever higher and drier terrain as one moves west, crossing the Missouri River and then on to the Badlands and the Black Hills, South Dakota has a certain austere beauty. 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 . We do not receive any compensation or commission for referrals to other treatment facilities. Persons driving under the influence of marijuana face the following penalties in South Dakota. This includes both medical and recreational use. A patient must cultivate their cannabis in the same facility. Any person who commits a violation of 22-42-2, 22-42-3, or 22-42-4, or a felony violation of 22-42-7, if such activity has taken place: (1)In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; or. All drivers charged with DUI must pay a reinstatement fee. By 2020, medical marijuana would have been authorised by South Dakota voters. Punishments include at least a one-year drivers license suspension. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court. Possession of larger amounts is a felony. The state also requires a new driving, knowledge, and vision test. South Dakota voters said yes to legalizing marijuana. Evidence meant for use in criminal proceedings often passes from hand to hand. The courts may place the child in a residential treatment center or mandate a drug rehabilitation training and awareness program. Weve covered everything thrown at us this past year and will continue to do so with your support. However, knowingly ingesting marijuana in public or living in a place where marijuana is stored illegally is punishable by one-year incarceration and fines up to $2,000. If you are found in possession of more than 2 oz. South Dakota is also unique among states in that it is the only state that has a law criminalizing the ingestion of drugs. Possession of marijuana by theft, fraud, or misrepresentation: The punishment for intentionally obtaining marijuana by theft, forgery, or deception is a 10-year jail time at the state prison and a fine not exceeding $20,000 (. 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. 2023 Rehab Adviser. 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. 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