South Dakota Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in South Dakota?

Law enforcement officers in South Dakota charge offenders with marijuana possession with intent to distribute if there is suspicion that the offender plans to deliver, sell, barter, or distribute the marijuana found in the offender's possession. Also, possessing more than one gram of marijuana constitutes possession with intent to distribute in South Dakota. Marijuana possession with intent to distribute, often called PWID, is not the same as simple marijuana possession. In simple marijuana possession, there is no proof or suspicion that offenders intend to distribute or sell the marijuana in their possession.

Can You Enter a Dispensary at 18 in South Dakota?

Recreational marijuana dispensaries are prohibited from operating in South Dakota. To enter a medical marijuana dispensary in the state, you must be aged 21 or older.

Can You Enter a Dispensary Without a Card in South Dakota?

You may only be permitted to enter a medical marijuana dispensary in South Dakota by presenting a South Dakota-issued medical marijuana card.

What Are the Penalties for Possession With Intent To Distribute First Offense in South Dakota?

Pursuant to Section 22-42-7 of the South Dakota Codified Laws, the possession of marijuana with intent to distribute is penalized as follows:

  • Intent to distribute up to 0.5 ounce of the substance is a misdemeanor punishable by a minimum of 15 days but up to 12 months imprisonment and a maximum fine of $2,000
  • Intent to distribute 1 ounce or less is punishable by maximum 24-month imprisonment and a maximum fine of $4,000
  • Intent to distribute between 1 ounce and 0.5 pounds is punishable by maximum 5-year imprisonment and a maximum fine of $10,000
  • Intent to distribute between 0.5 pounds and 1 pound is punishable by maximum 10-year imprisonment and a maximum fine of $20,000
  • Intent to distribute more than 1 pound is punishable by maximum 15-year imprisonment and a maximum fine of $30,000
  • Intent to distribute 1 ounce or less to a minor is punishable by maximum 5-year imprisonment and a maximum fine of $10,000
  • Intent to distribute between 1 ounce and 0.5 pounds to a minor is punishable by maximum 10-year imprisonment and a maximum fine of $20,000
  • Intent to distribute between 0.5 pounds and 1 pound to a minor is punishable by maximum 15-year imprisonment and a maximum fine of $30,000
  • Intent to distribute more than 1 pound to a minor is punishable by maximum 25-year imprisonment and a maximum fine of $50,000

Marijuana remains a Schedule I controlled substance in the United States, although several states are easing marijuana regulations. A person may not be prosecuted with a federal felony for having marijuana at the state level but may face federal drug trafficking charges if caught transporting marijuana over state lines. The following are the federal penalties for possession of marijuana with the intent to distribute:

  • Less than 50kg: Up to 5 years imprisonment
  • 50-99 kg: Up to 20 years imprisonment
  • 100-999 kg: 5-40 years imprisonment
  • 1,000 kg or more: 10 years to life imprisonment

Is It Legal To Sell Weed in South Dakota?

No. The unlicensed sale of marijuana is illegal in South Dakota. With recreational marijuana not legal in the state, no business or individual may be licensed to sell recreational weed. However, businesses may obtain licenses to sell medical marijuana to consumers in the state.

How To Sell to Dispensaries in South Dakota?

In order to sell to dispensaries in South Dakota, you must obtain the medical marijuana cultivation facility license or the cannabis product manufacturing facility license. The cultivation facility license permits the licensee to acquire, cultivate, deliver, transfer, transport, supply, or sell cannabis and related supplies to medical marijuana establishments. The product manufacturing facility license allows the licensee to acquire, manufacture, deliver, transfer, transport, supply, or sell cannabis products to medical cannabis dispensaries. The South Dakota Department of Health issues both licenses.

How To Get a Distribution License in South Dakota

South Dakota does not issue marijuana distribution licenses to cannabis businesses in the state. The state issues cultivation facility licenses, product manufacturing facility licenses and cannabis dispensary licenses, all under its medical marijuana program. To obtain any of these licenses, review the medical cannabis establishment application checklist and visit the state medical cannabis website.