South Dakota

Mandatory Minimum Sentence
Drugged Driving

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
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
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
Possession of paraphernalia Misdemeanor 30 days $ 500
Inhabiting a room where marijuana is being used or stored Misdemeanor 1 year $ 2,000


Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

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.