Fighting A Marijuana Charge In South Dakota
While the country at large is moving toward decriminalizing marijuana and a few social stigmas still exist, South Dakota still views marijuana use and possession as a crime. If the police arrest you for a marijuana-related offense, your future and freedom are in jeopardy and you deserve nothing less than a skilled, aggressive criminal defense.
Attorney Paul Andrews has decades of experience defending clients against marijuana charges. From his office in Rapid City, he offers you the skills and insight you deserve that come with his extensive time working as an attorney for the U.S. Department of Justice.
Marijuana Carries Significant Penalties
Penalties include jail time, fines and lasting effects on your public record. However, charges for marijuana crimes also depend on circumstances such as:
- Amounts: South Dakota prohibits any amount of marijuana, but under 2 ounces is considered a misdemeanor. Anything over 2 ounces is a felony, ranging from class 6 felonies to class 3 felonies for over 10 lbs.
- Activity: Selling marijuana, or any other drug, carries significant penalties. The sale of even half an ounce of marijuana is a felony with a mandatory 30-day sentence.
If the police arrest you for a crime related to marijuana, you need immediate representation who will move quickly to protect your rights.
Special Risks For Out Of Staters
If you cross state lines with marijuana, you can face possession charges even if you purchased the marijuana legally in your home state. While any marijuana charge carries the possibility of a federal charge, crossing state lines makes that more likely. These are not minor offenses, but attorney Paul Andrews can help.
His experience in both state and federal courts allows him to represent you at every level and build a comprehensive criminal defense.
Answer To South Dakota Marijuana Drug Crimes FAQs
The complicated landscape of cannabis legislation continues to raise questions that require a detailed exploration of evolving regulations.
Through our legal representation framework, we share our experience by providing expert answers to some of the most asked questions about marijuana in South Dakota.
What are some defenses to marijuana charges?
In South Dakota, individuals facing marijuana charges may explore various defenses. One approach is challenging the constitutionality of marijuana laws, arguing that they infringe upon individual rights. Another strategy involves disputing the evidence presented or challenging the legality of search and seizure procedures. Additionally, individuals may consider utilizing medical necessity as a defense, especially if they can demonstrate a legitimate medical need for marijuana.
Are hemp-derived products legal in South Dakota? What about gummies?
Hemp-derived products, including those containing delta 8, 9, or 10 THC, exist in a legal gray area in South Dakota. While federal law permits the production and sale of hemp-derived products with a THC content of 0.3% or less, state regulations may differ. Stay informed about the current legal landscape and the specific laws regarding hemp products in South Dakota. This includes edibles like gummies, as their legality may be subject to interpretation under state law.
What if I have a medical marijuana card?
A medical marijuana card does not guarantee immunity from all legal consequences in South Dakota. While some states allow for medical marijuana use, South Dakota has not legalized it for recreational or medical purposes.
What are the laws on driving with marijuana in possession/under the influence of marijuana?
South Dakota has strict laws regarding driving under the influence of marijuana. Being in possession of marijuana while operating a vehicle or driving under the influence can result in severe consequences, including fines, license suspension and potential incarceration.
Did the police illegally search you?
Individuals have the right to be free from illegal searches and seizures as per the Fourth Amendment of the U.S. Constitution. If it can be demonstrated that the police conducted an illegal search, the evidence obtained may be deemed inadmissible in court.
You Deserve Fair Treatment Under The Law
Marijuana charges, while serious, do not have to end with a conviction. You have rights in the criminal justice system that require a vigorous and thorough defense. With attorney Paul Andrews fighting for you, you can rest assured that a skilled attorney is advocating for your rights at every point.