While South Dakota has a medical marijuana program, recreational use remains illegal. This setup creates a false sense of security and leads some to believe that driving after using cannabis is not a big deal. But the law says otherwise. South Dakota treats marijuana impairment on the road just as seriously as alcohol. If THC is in your system while you are behind the wheel, you could face the same tough DUI charges, even if you have a medical card.
Driving high is treated the same as driving drunk
In South Dakota, a DUI for alcohol has a clear legal limit: 0.08% blood alcohol concentration (BAC). But for cannabis, there is no set THC threshold. Any detectable amount of active THC can be used as evidence of impairment. Officers do not need to prove you looked or felt high, just that THC was in your system or even present in your car. And if you are impaired behind the wheel, a valid medical marijuana card will not protect you from a DUI charge.
What to expect during a marijuana DUI stop
A DUI stop can be stressful. Officers in South Dakota follow a set process once they suspect cannabis use behind the wheel:
- The officer may ask you to perform field sobriety tests if they smell or see signs of marijuana.
- The officer may ask you to provide a blood or urine sample under the implied consent law.
- Refusing the test will result in an immediate license suspension.
- If your test confirms THC, prosecutors may file DUI charges.
Officers often move through these steps quickly, which can end in court. Knowing what happens during a stop can help you make informed decisions.
The long-term cost of a cannabis DUI
A first cannabis DUI can cost you more than just a fine. You could face up to $2,000 in penalties, up to year in jail and a suspended license that makes it harder to get to work or school. Beyond losing your license, employers who run background checks may see the charge and decide not to hire you. Some countries block travelers with a DUI, making international trips harder.
What to do next after a DUI
Driving with cannabis in South Dakota carries serious risks that last well beyond the traffic stop. If police charge you with a weed-related DUI, act fast to protect your rights, your license and your future. A qualified criminal defense attorney can help you understand your options, challenge the evidence and build a strong defense.