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| Marijuana Laws in South Dakota | |||
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| POSSESSION | |||
| 2 oz or less | misdemeanor | 1 year | $1,000 |
| 2 to 8 oz | felony | 2 years | $2,000 |
| 8 oz to 1 lb | felony | 5 years | $5,000 |
| 1 to 10 lbs | felony | 10 years | $10,000 |
| More than 10 lbs | felony | 15 years | $15,000 |
| *A positive urine test or other evidence of recent marijuana use is considered possession. | |||
| SALE OR CULTIVATION | |||
| Delivery of less than 1/2 oz | misdemeanor | 15 days MMS** - 1 year | $1,000 |
| 1 oz or less | felony | 2 years | $2,000 |
| 1 to 8 oz | felony | 5 years | $5,000 |
| 8 oz to 1 lb | felony | 10 years | $10,000 |
| 1 lb or more | felony | 15 years | $15,000 |
| To a minor | felony | 10 years | $10,000 |
| Within 1,000 feet of a school or within 500 feet of specified areas. | felony | 5 years MMS** | $10,000 |
| **Mandatory minimum sentence. All convictions carry the MMS of 30 days (first offense), 1 year (subsequent offense). |
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| MISCELLANEOUS | |||
| Paraphernalia possession | misdemeanor | 30 days | $200 |
| Inhabiting a room where marijuana is being stored or used | misdemeanor | 1 year | $1,000 |
| DETAILS | |||
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Possession of two ounces or less of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $1,000. Possession of less than eight ounces is punishable by up to two years in prison and a fine up to $2,000. For less than one pound, the penalty increases to a possible five years in prison and a fine up to $5,000. Possession of 10 pounds or less carries up to 10 years in prison and a fine up to $10,000. For amounts over 10 pounds, the penalty is up to 15 years in prison and a fine up to $15,000. A positive urine test or other evidence of recent marijuana use is considered possession and is punished as such. Inhabiting a room where marijuana is being stored or used is punishable my up to one year in jail and a fine of up to $1,000. Transferring less than one-half ounce of marijuana for no remuneration is punishable by not less than 15 days and not more than one year in jail and a fine up to $1,000. Cultivation, delivery or sale of one ounce or less is punishable by up to two years in prison and a fine up to $2,000. For amounts less than eight ounces the penalties increase to a possible five years in prison and a fine up to $5,000. Cultivation, delivery or sale of less than one pound carries a penalty of up to 10 years in prison and a fine up to $10,000. For any amounts of one pound or more, the penalty increases to a possible 15 years in prison and a fine up to $15,000. All convictions for sale, cultivation or distribution carry a mandatory minimum sentence of 30 days for the first offense and one year for the second or subsequent offense. Any sale to a minor is punishable by up to ten years in prison and a fine of up to $10,000. Any sale within 1,000 feet of a school or within 500 feet of a youth center, public pool or video arcade carries a penalty of a five-year mandatory minimum prison sentence. The use or possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $200. |
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Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. |
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