South Dakota criminal charge
Possession of marijuana prohibited in South Dakota
Possession of marijuana prohibited is a criminal offense under South Dakota law, defined by SDCL § 22-42-6. 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 § 22-42-6.
What is the penalty for possession of marijuana prohibited in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Possession - two ounces or less — Possession of two ounces of marijuana or less.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Possession - two ounces or less — Possession of two ounces of marijuana or less.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Possession - more than two ounces but less than one-half pound — Possession of more than two ounces but less than one-half pound of marijuana.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Possession - more than two ounces but less than one-half pound — Possession of more than two ounces but less than one-half pound of marijuana.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Possession - one-half pound but less than one pound — Possession of one-half pound but less than one pound of marijuana.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Possession - one-half pound but less than one pound — Possession of one-half pound but less than one pound of marijuana.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Possession - one to ten pounds — Possession of one to ten pounds of marijuana.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Possession - one to ten pounds — Possession of one to ten pounds of marijuana.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 15 years (Possession - more than ten pounds — Possession of more than ten pounds of marijuana.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Possession - more than ten pounds — Possession of more than ten pounds of marijuana.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is possession of marijuana prohibited classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession - two ounces or less | Class 1 Misdemeanor | Possession of two ounces of marijuana or less. | SDCL § 22-42-6undefined |
| Possession - more than two ounces but less than one-half pound | Class 6 Felony | Possession of more than two ounces but less than one-half pound of marijuana. | SDCL § 22-42-6undefined |
| Possession - one-half pound but less than one pound | Class 5 Felony | Possession of one-half pound but less than one pound of marijuana. | SDCL § 22-42-6undefined |
| Possession - one to ten pounds | Class 4 Felony | Possession of one to ten pounds of marijuana. | SDCL § 22-42-6undefined |
| Possession - more than ten pounds | Class 3 Felony | Possession of more than ten pounds of marijuana. | SDCL § 22-42-6undefined |
Common questions about possession of marijuana prohibited in South Dakota
Is possession of marijuana prohibited a felony or a misdemeanor in South Dakota?
It depends on the circumstances: possession of marijuana prohibited ranges from a Class 1 Misdemeanor to a Class 3 Felony in South Dakota under SDCL § 22-42-6.
Possession - two ounces or less: Class 1 Misdemeanor (SDCL § 22-42-6) · Possession - more than two ounces but less than one-half pound: Class 6 Felony (SDCL § 22-42-6) · Possession - one-half pound but less than one pound: Class 5 Felony (SDCL § 22-42-6) · Possession - one to ten pounds: Class 4 Felony (SDCL § 22-42-6) · Possession - more than ten pounds: Class 3 Felony (SDCL § 22-42-6)
What are the penalties for possession of marijuana prohibited in South Dakota?
Which South Dakota statute covers possession of marijuana prohibited?
Possession of marijuana prohibited is governed by SDCL § 22-42-6 (Possession of marijuana prohibited--Degrees according to amount).
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.