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Recent Marijuana Law Changes Can Mean Dismissed Cases Or Sealed Records

In 2020, South Dakota voters passed Amendment A. This legalized small amounts of marijuana for personal use (one ounce of raw and eight ounces of edibles or oils) beginning July 2021.

If you were charged with possessing a small amount of marijuana recently or convicted in the past few years, you may have a chance for concealment, suspended imposition or dismissal or your case. I am attorney Ryan Kolbeck, and for the past 10 years, I have helped many people – students, professionals and visitors from out of state – remedy a bad situation. There is always a solution. I will help you find it.

The Benefits Of Concealment, Suspended Imposition And Dismissal

Because it will soon no longer be a crime to have or use small amounts of marijuana in South Dakota, you have a unique opportunity to pursue getting a marijuana conviction removed from your criminal record. While there are many ways to do this, including pardons, special options for juvenile and expungement, right now the best path will be one of the following three ways:

  1. Concealment. This means your conviction is sealed to the general public. Employers, family and the general public will have no access to these records. Only the courts and law enforcement will be able to see them.
  2. Suspended imposition of sentence. Also called SIS or deferred adjudication, it allows first-time offenders the opportunity to stay out of trouble and not go to jail. If your jail time is suspended that means that you will be put on probation. You are then released or discharged with an admission or a formal judgment (adjudication) of guilt. This is also an effective strategy to use for a first-time DUI charge. This may be done in conjunction with concealment.
  3. Dismissal. In some instances, the charges against you can be dropped and the case dismissed.

Every case is different, and every court is different. Right now can be a confusing time as to what is legal and what is not. I will work to get you the greatest benefit due to South Dakota marijuana laws currently being in flux. I have a lot of experience with criminal defense, especially relating to drugs.

Now Is The Time To Talk About Your Defense

Even if you are not sure whether you need a lawyer, you should understand what you are facing and what your options for concealment, suspended imposition or dismissal are. I offer a free consultation in my Sioux Falls office or on the phone so you can do just that. Call 605-937-8376 and let’s set up a time. You can also reach me via confidential firm contact email. I will show up for you. Serving people throughout eastern South Dakota as well as out-of-state visitors.