South Dakota statute
SDCL § 22-42-24 — Driver--Use of marijuana--Motor vehicle--Misdemeanor
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 42: Controlled Substances And Marijuana, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 22-42-24
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person operating or in actual physical control of a motor vehicle smokes or consumes marijuana or marijuana concentrate while the vehicle is being operated. For purposes of this section and § 22-42-25, marijuana concentrate is the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin.
Official sources
Legal terms used in this section
Questions this section answers
Is driver a felony or a misdemeanor in South Dakota?
Driver is a Class 2 Misdemeanor in South Dakota under SDCL § 22-42-24.
Which South Dakota statute covers driver?
Driver is governed by SDCL § 22-42-24 (Driver--Use of marijuana--Motor vehicle--Misdemeanor).
This reference is informational and is not legal advice.