These days, recreational marijuana is not limited to places like Colorado in California. It may have started there, but many other states have jumped on the bandwagon and legalized either recreational or medical marijuana. South Dakota has followed suit, and it is legal to purchase and use marijuana in this fashion.
However, marijuana is still illegal at the federal level. This is important because a crime that crosses state lines falls under federal jurisdiction, not state jurisdiction. Therefore, traveling with marijuana is still technically illegal, even though you could purchase it legally in South Dakota.
The current state laws
Another thing to remember when going from one state to another is that you are under the jurisdiction of the current laws whenever you are within that state. For instance, maybe you’ve traveled to Idaho, where marijuana is still illegal. If you get arrested and explain to the police that you legally purchased the products in South Dakota, that doesn’t change the fact that you violated Idaho law and you could be arrested.
An additional thing to remember is that you cannot fly with marijuana products. If these are discovered, at best, they will be confiscated by the authorities at the airport. But if you fly into another state, then you run into all of the issues discussed above.
Your defense options
Because marijuana laws are changing, and because they are different from one state to the next, things can get very complicated. This leads to people getting arrested after making honest mistakes just because they weren’t sure what they were legally allowed to do and what was still prohibited. If you find yourself in this position and you’re worried about your future, be sure you understand all of the criminal defense options at your disposal.