How Do South Dakota Courts Typically Punish Possession of Marijuana?

 

Possession of Marijuana (in its natural state) is typically punished in accordance with the amount of marijuana possessed by a Defendant at the time when the Defendant was stopped or arrested. In South Dakota, the following criminal charges may result from possession of varying amounts of marijuana:

  • Possession of two (2) ounces or less is a Class 1 Misdemeanor, which carries a maximum punishment of one (1) year in the county jail, a $2,000 fine, or both.
  • Possession of more than two (2) ounces but less than one-half pound is a Class 6 Felony, which carries a maximum punishment of two (2) years in the state penitentiary, a $4,000.00 fine, or both.
  • Possession of one-half pound or more, but less than one (1) pound is a Class 5 Felony, which carries a maximum punishment of five (5) years in the state penitentiary, a $10,000 fine, or both.
  • Possession of one (1) to ten (10) pounds is a Class 4 Felony, which carries a maximum punishment of ten (10) years in the state penitentiary, a $20,000.00 fine, or both.  
  • Possession of more than ten (10) pounds of marijuana is a Class 3 Felony, which carries a maximum punishment of fifteen (15) years in the state penitentiary, a $30,000.00 fine, or both.

As stated, these crimes are typically charged when dealing with marijuana in its natural state. If you are in possession of marijuana wax, oil, edibles, or any other marijuana derivative, your criminal charges may be different. In either event, you will want to consult an attorney regarding the best way to address such charges.