Skip to content

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 marijuanaClass
Amount of marijuanaTwo ounces or lessClassClass 1 misdemeanor
Amount of marijuanaMore than two ounces, less than a half poundClassClass 6 felony
Amount of marijuanaA half pound, less than a poundClassClass 5 felony
Amount of marijuanaA pound to ten poundsClassClass 4 felony
Amount of marijuanaMore than ten poundsClassClass 3 felony
  • SDCL § 22-42-6
Email

A civil penalty of up to ten thousand dollars may be added to the criminal penalty.

  • SDCL § 22-42-6

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.

  • SDCL § 22-42-5

A registered medical cannabis cardholder stands on a different footing. A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 22-42-6
Sources for this section (2)
  1. SDCL § 22-42-5 — Unauthorized possession of controlled drug or substance as felony
  2. 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.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.