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South Dakota statute

SDCL § 22-42-7 — Distribution or possession with intent to distribute specified amounts of marijuana

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 § 22-42-7

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 § 22-42-7Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. A first conviction of a felony under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. 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. 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.

Official sources

Legal terms used in this section

Questions this section answers

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).

This reference is informational and is not legal advice.