Can I get in trouble for simply owning or possessing a pipe or vape pen? Even if it has never been used?


Yes, you can. Under South Dakota law, it is a crime to have in your possession any object or instrument that is in virtually any way related to marijuana. The list of adjectives used to tie said object’s relationship to marijuana under the law is comically long:

It is illegal to possess an object which might be used to “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body” any form of marijuana.

Possession of paraphernalia is a Class 2 Misdemeanor under South Dakota law, which carries a maximum punishment of thirty (30) days in the county jail, a $500 fine, or both. As with any drug related crime, this charge can also have a significant effect on future education or employment opportunities.