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Is there a per se marijuana limit for driving in South Dakota?

On Behalf of | Oct 26, 2022 | Criminal Defense |

Marijuana use has become more commonplace and socially acceptable in recent years, and state legislatures have had a hard time keeping up with changing behaviors. When it comes to alcohol, it is illegal to drive while visibly impaired or when your blood alcohol concentration (BAC) exceeds a specific legal limit, currently set at 0.08% for adult drivers operating standard passenger vehicles. 

Drivers can get arrested for intoxication at the wheel either because of their behavior or because tests show that they are over the legal limit. When it comes to drug driving allegations involving marijuana, a failed drug test may seem insufficient because of how long someone could test positive for the drug after using it. 

Is there currently a per se limit for marijuana in your bloodstream when driving in South Dakota?

There is no limit (despite lawmaker efforts)

State lawmakers have attempted once to impose a per se limit for marijuana in your bloodstream when driving. The bill introduced proposed a very low limit, and it did not become part of state law. 

However, the chances are good that lawmakers will revisit the issue in the near future. There is a lot of concern and chatter related to the traffic safety implications of legal medical marijuana in South Dakota. 

If you get pulled over, there is no specific limit that would lead to charges. Instead, an officer will need to prove that you were under the influence and demonstrating impairment if they intend to arrest you and expect the prosecutor to pursue the case. 

Learning more about the unique marijuana laws in South Dakota can help State residents avoid mistakes that could lead to criminal charges.