In South Dakota, you can’t buy recreational marijuana. You can purchase medical marijuana, which was recently passed. But recreational marijuana laws have not yet been passed, so it is unavailable for purchase to recreational users. That said, the number of states...
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Drug Charges
When is it a felony to possess Marijuana in South Dakota?
Marijuana laws across the country can be complex and due to their ever-changing nature, it can be difficult to keep up. If you’re found to be in possession of marijuana, it can still land you with criminal charges if you do not have a legitimate reason for having it...
When can you be charged with drug conspiracy?
A drug conspiracy charge can be brought against anyone involved in a drug offense despite their level of involvement. This means that even low-level participants, such as couriers and lookouts, can be charged with drug conspiracy if they had knowledge of the drug...
It’s still illegal to possess marijuana for recreational use
Every election year brings new propositions to the citizens of a state to legalize marijuana for recreational use. Currently, 27 states have fully legalized the recreational use of marijuana. However, South Dakota is not one of them. Measure 27 failed to pass by...
Can evidence be suppressed in a drug case?
Drug charges can threaten your future, especially if you’re charged for trafficking or intent to distribute. Often, when the prosecutors have evidence against you, the situation may seem hopeless -- but that's not necessarily the case. A valid part of any defense...
Can you transport legal drugs over state lines?
Those who are accused of drug trafficking or intent to distribute are sometimes caught while moving illegal drugs over state lines or across the country. It’s very clear that something like this is prohibited, and it can lead to more serious ramifications than simple...
What is constructive possession?
If the police find someone else’s drugs in your house or vehicle, you might think all you have to do is tell them they are not your drugs. Unfortunately, that is not how it works. Firstly, the police might not believe you when they say they are not your drugs....
Can you share prescription drugs (without going to jail)?
Many people in the United States use prescription drugs every day. Many more will take them for a short time, such as those who take narcotics and other painkillers after having surgery. In either one of these situations, you may find yourself wondering if you can...
Why isn’t ignorance of the law an excuse?
Imagine that you get arrested by the police, and you’re completely amazed. You had no idea that what you were doing was illegal, you never dreamed you would be arrested, and you wouldn’t have done it if you had known all of that in advance. To you, it seems that you...
Drug possession defenses to consider in South Dakota
If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. If law enforcement officers didn’t follow the law or protect your rights before, during or after your arrest, it may be possible to challenge...