South Dakota criminal charge
Distribution or possession with intent to distribute specified amounts of marijuana in South Dakota
Distribution or possession with intent to distribute specified amounts of marijuana is a criminal offense under South Dakota law, defined by SDCL § 22-42-7. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-42-7.
How is distribution or possession with intent to distribute specified amounts of marijuana classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distribution/possession w/ intent - less than 1/2 oz without consideration | Class 1 Misdemeanor | Distribution or possession with intent to distribute less than one-half ounce of marijuana without consideration. | SDCL § 22-42-7undefined |
| Distribution/possession w/ intent - 1 oz or less (general) | Class 6 Felony | Distribution or possession with intent to distribute one ounce or less of marijuana, other than the no-consideration under 1/2 ounce case. | SDCL § 22-42-7undefined |
| Distribution/possession w/ intent - more than 1 oz but less than 1/2 lb | Class 5 Felony | Distribution or possession with intent to distribute more than one ounce but less than one-half pound of marijuana. | SDCL § 22-42-7undefined |
| Distribution/possession w/ intent - 1/2 lb to less than 1 lb | Class 4 Felony | Distribution or possession with intent to distribute one-half pound but less than one pound of marijuana. | SDCL § 22-42-7undefined |
| Distribution/possession w/ intent - 1 lb or more | Class 3 Felony | Distribution or possession with intent to distribute one pound or more of marijuana. | SDCL § 22-42-7undefined |
| Distribution to minor - less than 1/2 oz without consideration | Class 6 Felony | Distribution or possession with intent to distribute less than one-half ounce of marijuana to a minor without consideration. | SDCL § 22-42-7undefined |
| Distribution to minor - 1 oz or less (general) | Class 5 Felony | Distribution or possession with intent to distribute one ounce or less of marijuana to a minor, other than the no-consideration under 1/2 ounce case. | SDCL § 22-42-7undefined |
| Distribution to minor - more than 1 oz but less than 1/2 lb | Class 4 Felony | Distribution or possession with intent to distribute more than one ounce but less than one-half pound of marijuana to a minor. | SDCL § 22-42-7undefined |
| Distribution to minor - 1/2 lb to less than 1 lb | Class 3 Felony | Distribution or possession with intent to distribute one-half pound but less than one pound of marijuana to a minor. | SDCL § 22-42-7undefined |
| Distribution to minor - 1 lb or more | Class 2 Felony | Distribution or possession with intent to distribute one pound or more of marijuana to a minor. | SDCL § 22-42-7undefined |
Common questions about distribution or possession with intent to distribute specified amounts of marijuana in South Dakota
Is distribution or possession with intent to distribute specified amounts of marijuana a felony or a misdemeanor in South Dakota?
It depends on the circumstances: distribution or possession with intent to distribute specified amounts of marijuana ranges from a Class 1 Misdemeanor to a Class 2 Felony in South Dakota under SDCL § 22-42-7.
Distribution/possession w/ intent - less than 1/2 oz without consideration: Class 1 Misdemeanor (SDCL § 22-42-7) · Distribution/possession w/ intent - 1 oz or less (general): Class 6 Felony (SDCL § 22-42-7) · Distribution/possession w/ intent - more than 1 oz but less than 1/2 lb: Class 5 Felony (SDCL § 22-42-7) · Distribution/possession w/ intent - 1/2 lb to less than 1 lb: Class 4 Felony (SDCL § 22-42-7) · Distribution/possession w/ intent - 1 lb or more: Class 3 Felony (SDCL § 22-42-7) · Distribution to minor - less than 1/2 oz without consideration: Class 6 Felony (SDCL § 22-42-7) · Distribution to minor - 1 oz or less (general): Class 5 Felony (SDCL § 22-42-7) · Distribution to minor - more than 1 oz but less than 1/2 lb: Class 4 Felony (SDCL § 22-42-7) · Distribution to minor - 1/2 lb to less than 1 lb: Class 3 Felony (SDCL § 22-42-7) · Distribution to minor - 1 lb or more: Class 2 Felony (SDCL § 22-42-7)
Which South Dakota statute covers distribution or possession with intent to distribute specified amounts of marijuana?
Distribution or possession with intent to distribute specified amounts of marijuana is governed by SDCL § 22-42-7 (Distribution or possession with intent to distribute specified amounts of marijuana).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.