Marijuana And Drugs
SDCL § 22-42-6 — two ounces or less is a Class 1 misdemeanor, and more climbs through the felony classes
| Amount of marijuana | Class |
|---|---|
| Amount of marijuanaTwo ounces or less | ClassClass 1 misdemeanor |
| Amount of marijuanaMore than two ounces, less than a half pound | ClassClass 6 felony |
| Amount of marijuanaA half pound, less than a pound | ClassClass 5 felony |
| Amount of marijuanaA pound to ten pounds | ClassClass 4 felony |
| Amount of marijuanaMore than ten pounds | ClassClass 3 felony |
A civil penalty of up to ten thousand dollars may be added to the criminal penalty.
Knowingly possessing a controlled substance without a valid prescription is a Class 5 felony for Schedules I or II, and a Class 6 felony for Schedules III and IV.
A registered medical cannabis cardholder stands on a different footing. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 22-42-5 — Unauthorized possession of controlled drug or substance as felony
- SDCL § 22-42-6 — Possession of marijuana prohibited; Degrees according to amount
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.