South Dakota Laws and Programs

Laws

In South Dakota possession of two ounces or less of marijuana and delivery of less than half an ounce of marijuana are misdemeanors, while possession, sale, or cultivation of any larger amount is a felony carrying penalties of up to 15 years, with increased penalties for sale to minors or with 1,000 feet of a school. All convictions carry a mandatory minimum sentence of 30 days for a first offense and one year for a second offense. A positive urine test is considered evidence of possession and inhabiting a room where marijuana is stored or used is a misdemeanor punishable by up to one year in jail.

Unlike most states, South Dakota does not distinguish between possession and distributing with respect to drugs such as cocaine and heroin. Possessing or distributing cocaine is a Class 4 felony and carries a mandatory one-year prison sentence. Selling cocaine to a minor is a Class 2 felony, with a mandatory five-year prison sentence, and any subsequent cocaine offense carries a 10-year mandatory prison sentence. The same penalties apply to possessing or distributing heroin. South Dakota prohibits smoking in most public places, including elementary and secondary schools, government buildings, healthcare facilities, and places of employment, with the exception of restaurants licensed to serve alcohol, bars, designated hotel and motel rooms, video lottery establishments, and tobacco and liquor stores. In March 2009, South Dakota passed legislation prohibiting smoking in most restaurants, bars, and gaming facilities. However, the 2009 smoking ban was referred to a public ballot in November 2010, so the outcome of that vote is pending. The tobacco excise tax on a pack of 20 cigarettes is $1.53, raised from $0.53 in 2007.

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