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South Dakota statute

SDCL § 22-42-6 — Possession of marijuana prohibited--Degrees according to amount

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 § 22-42-6

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.

SDCL § 22-42-6Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. It is a Class 4 felony to possess one to ten pounds of marijuana. It is a Class 3 felony to possess more than ten pounds of marijuana. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.