South Dakota

Mandatory Minimum Sentence
Drugged Driving

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
2 oz or less Misdemeanor 1 year $ 2,000
2 oz - 1/2 lb Felony 1 years $ 4,000
1/2 - 1 lb Felony 5 years $ 10,000
1 - 10 lbs Felony 10 years $ 20,000
More than 10 lbs Felony 15 years $ 30,000
Sale
Less than 1/2 oz Misdemeanor 15 days* - 1 year $ 2,000
1/2 - 1 oz Felony 2 years $ 4,000
1 oz - 1/2 lb Felony 5 years $ 10,000
1/2 - 1 lb Felony 10 years $ 20,000
More than 1 lb Felony 15 years $ 30,000
Within 1000 ft of a school or 500 ft of other designated areas N/A 5 years* $ 10,000
To a minor is a felony that carries additional incarceration and fine.
* Mandatory minimum sentence
Hash & Concentrates
Possession Felony 10 years $ 20,000
Manufacturing, distributing, or dispensing Felony 10 years $ 20,000
Subsequent offenses carry greater penalties
Paraphernalia
Possession of paraphernalia Misdemeanor 30 days $ 500
Miscellaneous
Inhabiting a room where marijuana is being used or stored Misdemeanor 1 year $ 2,000

Details

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.