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Out-of-state marijuana is still illegal in South Dakota 

On Behalf of | Dec 17, 2021 | Criminal Defense |

Like many states, South Dakota does finally allow people to use medical marijuana if they have the proper prescription from a doctor and have their medical marijuana card. However, recreational use of marijuana is still strictly illegal.

This has been a very interesting point of contention in the state lately, as voters actually decided that they wanted recreational marijuana to be approved. However, the courts – including the Supreme Court in the state – decided to overrule this decision. As such, recreational use is still not permitted.

This still applies even if you bought it out of state

One key thing to keep in mind is that changes to laws in other states do not change the law in South Dakota. For instance, maybe you’re going to visit family members in Colorado, where recreational use of marijuana is legal. You can simply walk into a dispensary and buy it.

However, if you then drive back to South Dakota and are pulled over by the police, and they find marijuana in your car, the fact that you legally bought it in Colorado is not going to prevent you from facing charges. You did not break the law in the state where you purchased it, but crossing state lines is illegal on a federal level and having recreational marijuana from any source is illegal in South Dakota. You could still face very serious charges, even if you didn’t realize that you were breaking the law when you re-entered the state.

If something like this does happen to you, you’re probably very concerned about your future. Make sure that you know about the legal defense options you have.