›› South Dakota: Alcohol-Related Laws

• (Total Laws: 17 of 39)
  .08 Per Se, Sobriety Checkpoints, Felony DUI, Fake ID, .15 High BAC, Illegal Per Se, Mandatory BAC Testing for Offenders who are Killed, Mandatory BAC Testing for DUI Offenders who Survive, Open Container Law that is TEA-21 Compliant, Preliminary Breath Tester, Plate Sanctions, Vehicular Homicide, Youth Attempt at Purchase, Youth Consumption of Alcohol, Youth Purchase, Selling Alcohol to Youth, Zero Tolerance,

• Marijuana Laws *
  

  Incarceration Fine Possession* 2 oz or less misdemeanor 1 year $1,000 2 to 8 oz felony 2 years $2,000 8 oz to 1 lb felony 5 years $5,000 1 to 10 lbs felony 10 years $10,000 More than 10 lbs felony 15 years $15,000 *A positive urine test or other evidence of recent marijuana use is considered possession. Sale or Cultivation Delivery of less than 1/2 oz misdemeanor 15 days MMS** - 1 year $1,000 1 oz or less felony 2 years $2,000 1 to 8 oz felony 5 years $5,000 8 oz to 1 lb felony 10 years $10,000 1 lb or more felony 15 years $15,000 To a minor felony 10 years $10,000 Within 1,000 feet of a school or within 500 feet of specified areas. felony 5 years MMS** $10,000 **Mandatory minimum sentence. All convictions carry the MMS of 30 days (first offense), 1 year (subsequent offense). Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possession misdemeanor 30 days $200 Inhabiting a room where marijuana is being stored or used misdemeanor 1 year $1,000 Details Possession of two ounces or less of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $1,000. Possession of less than eight ounces is punishable by up to two years in prison and a fine up to $2,000. For less than one pound, the penalty increases to a possible five years in prison and a fine up to $5,000. Possession of 10 pounds or less carries up to 10 years in prison and a fine up to $10,000. For amounts over 10 pounds, the penalty is up to 15 years in prison and a fine up to $15,000. A positive urine test or other evidence of recent marijuana use is considered possession and is punished as such. Inhabiting a room where marijuana is being stored or used is punishable my up to one year in jail and a fine of up to $1,000. Transferring less than one-half ounce of marijuana for no remuneration is punishable by not less than 15 days and not more than one year in jail and a fine up to $1,000. Cultivation, delivery or sale of one ounce or less is punishable by up to two years in prison and a fine up to $2,000. For amounts less than eight ounces the penalties increase to a possible five years in prison and a fine up to $5,000. Cultivation, delivery or sale of less than one pound carries a penalty of up to 10 years in prison and a fine up to $10,000. For any amounts of one pound or more, the penalty increases to a possible 15 years in prison and a fine up to $15,000. All convictions for sale, cultivation or distribution carry a mandatory minimum sentence of 30 days for the first offense and one year for the second or subsequent offense. Any sale to a minor is punishable by up to ten years in prison and a fine of up to $10,000. Any sale within 1,000 feet of a school or within 500 feet of a youth center, public pool or video arcade carries a penalty of a five-year mandatory minimum prison sentence. The use or possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $200. 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.   * Data provided by NORML