The 4-1-1 on 4/20 in South Dakota

KELOLAND.com Original

SIOUX FALLS, S.D. (KELO) — The South Dakota Supreme Court is preparing to hear oral arguments by the two competing sides on whether the decision made by voters legalizing marijuana for people age 21 and older should stand or be overturned.

Arguments will begin Wednesday, April 28, at 10 a.m. at the Supreme Court in Pierre. Previously, Circuit Judge Christina Klinger ruled the November 3 election result was invalid, saying that Amendment A illegally dealt with more than one subject and that it was a constitutional revision, rather than an amendment, and therefore should have gone to a state constitutional convention before reaching the ballot.

As the July 1, 2021 deadline to implement the measure loom, the status of legalized marijuana in the state hangs in limbo. Below we take a look at the status of marijuana in the rest of the U.S.

Click on the dropdown to see the full status of marijuana in each state, and scroll down to see a summary of marijuana legality in each state:

Click the state links to see the full set of regulations for each state:

Alabama: In Alabama, marijuana for “personal use only” is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000. A subsequent conviction of marijuana for “personal use only” is a Class D felony punishable by a minimum of one year and 1 day and a maximum sentence of 5 years in prison along with a maximum fine of $7500.
Marijuana possessed for reasons other than “personal use,” is a Class C felony, punishable by a prison sentence of a minimum of one year and one day in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000.
Alaska: Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Sharing or gifting 1 ounce or less, or 6 plants or less for personal use to persons at least 21 years of age is also permitted, however, the consumption of cannabis in public remains an offense and is punishable by a fine of up to $100.
Arizona: Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to one ounce of cannabis and directs revenue from retail cannabis sales to fund various public education and safety programs. Adults may cultivate up to six plants for non-commercial purposes in a private residence. The law took effect on November 30, 2020.
Possession by those under age 21 is a civil penalty for a first offense, petty offense for a second offense, and class 1 misdemeanor for a third offense. Use in public is classified as a petty offense.
Arkansas: Possession of less than 4 ounces of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Possession of between 1 ounce and less than 4 ounces by an offender who has had 4 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. Penalties continue to rise with amount.
California: Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales.
Colorado: Private possession by persons 21 years of age or older of up to one ounce is no penalty. Private cultivation of up to six marijuana plants, with no more than three being mature is no penalty. Transfer of one ounce or less for no remuneration is no penalty. Possession of more than 1 – 2 ounces is a drug petty offense that is punishable by a maximum fine of $100. The offender will be summoned and a court appearance is mandatory. Failure to appear in court is a Class 3 misdemeanor, which is punishable by up to 6 months in jail and a fine of up to $750.
Penalties continue to rise with amount.
Connecticut: Possession of less than one-half ounce of marijuana by a first time offender carries a civil penalty of $150.
Possession of less than one-half ounce for subsequent offenses carries a penalty of a civil fine between $200 and $500.
Possession of more than one-half ounce of marijuana can be punished with a prison term not to exceed one years and a fine not to exceed $2000. Penalties continue to rise with amount.
Delaware: Personal use quantity of marijuana is one ounce or less.
Possession of more than one ounce, but less than 175 grams of marijuana is an unclassified misdemeanor. If there are one or more aggravating factors involved, possession is a class B misdemeanor. Penalties continue to rise with amount.
District of Columbia: Adults 21 years of age or older may possess up to two ounces of marijuana and cultivate no more than six plants (with three or fewer mature at any one time) in their primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted.
Public use of marijuana is a misdemeanor but will generally be handled through a cite and release procedure.
Florida: Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. Penalties continue to rise with amount.
Georgia: Possession of 1 ounce or less of marijuana is a misdemeanor punishable by up to 12 months imprisonment and/or a fine up to $1,000, or public works for up to 12 months. Possession of over an ounce is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Penalties continue to rise with amount.
Hawaii: Possession of 3 grams or less of marijuana is a violation punishable by a fine of $130. Possession of more than 3 grams but less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Possession of 1 pound or more, of marijuana is a Class C felony punishable by up to 5 years imprisonment and/or a fine of up to $10,000.
Idaho: Marijuana is a Schedule I hallucinogenic substance under the Idaho Uniform Controlled Substances Act. Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.
Illinois: An adult Illinois resident may possess up to 30 grams of cannabis flower, 5 grams of cannabis concentrate and up to 500 milligrams of THC in a cannabis infused product.
An adult resident of any other state may possess up to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate and up to 250 grams of THC in a cannabis infused product. Possession of more than 30 – 100 grams of marijuana is a Class A misdemeanor for a first offense punishable by a maximum sentence of 1 year in prison and a maximum fine of $2500. A  second or subsequent offense is a Class 4 felony punishable by a minimum sentence of 1 year and a maximum sentence of 3 years as well as a maximum fine of $25,000. Penalties continue to rise with amount.
Indiana: Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug. Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000.  Penalties continue to rise with amount.
Iowa: Marijuana is a schedule I hallucinogenic substance under the Iowa Controlled Substances Act. For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months of imprisonment. Second offenders are subject to a fine of $315-$1875 and/or up to 1 year of imprisonment. Third offenses are considered aggravated misdemeanors and are punishable by a fine of $625-$6250 and/or up to 2 years of imprisonment.
Kansas: Possession of marijuana is a Class B misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000 for a first time offense. A second offense is a Class A misdemeanor. There is a rebuttable presumption of intent to distribute if possession is 450 grams or more, which is a drug severity level 5 felony punishable by a fine not to exceed $100,000 and a term of imprisonment ranging from 10 months probation – 42 months imprisonment.
Kentucky: Possession of up to 8 ounces of marijuana is a Class B misdemeanor, which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.
Possession of 8 ounces or more of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.
Louisiana: For first offenders, possession of 14 grams or less of marijuana is punishable by a fine of up to $300 and/or up to 15 days of imprisonment. For first offenders, possession of more than 14 grams but less than 2 ½ pounds of marijuana is punishable by a fine of up to $500 and/or up to 6 months of imprisonment. There is a one-time two-year cleansing period for first time convictions.
Maine: An adult may possess up to 2.5 ounces of marijuana or up to 2.5 ounces of marijuana and marijuana concentrate including no more than 5 grams of marijuana concentrate. An adult may cultivate up to 3 flowering marijuana plants, 12 immature plants and unlimited seedlings. An adult may possess all of the marijuana produced by the plants. An adult may only consume marijuana in a private residence or on private property. An adult who violates these laws has committed a civil violation and may be fined up to $100.
Maryland: In Maryland marijuana is listed as a Schedule I controlled hallucinogenic substance. Simple possession (possession without the intent to distribute) of less than 10 grams in Maryland is a civil offense (fine not exceeding $100 for first-time offenders, $250 for second-time offenders, and $500 for third or subsequent offenders). Penalties continue to rise with amount.
Massachusetts: An adult may possess up to one ounce of marijuana; up to 5 grams of marijuana may be marijuana concentrate. Within a primary residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana plants cultivated on the premises.
An adult who possesses more than one ounce of marijuana or marijuana products must secure the products with a lock.
Michigan: Under Michigan law marijuana is listed as a Schedule I controlled substance.
An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate. Within a residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana cultivated on the premises. Penalties continue to rise with amount.
Minnesota: The Minnesota statute lists Marijuana as a Schedule 1 controlled substances.
Possession of 42.5 grams or less is a misdemeanor punishable by a maximum fine of $200.
Penalties continue to rise with amount.
Mississippi: A first offense for possession of 30 grams or less is punishable by a fine of $100-$250.
A subsequent conviction will result in 5-60 days imprisonment and a fine of up to $250.
A third conviction will result in 5 days-6 months imprisonment as well as a maximum fine of $1,000. Penalties continue to rise with amount.
Missouri: Possession of up to ten grams for first-time offenders is Class D misdemeanor, punishable by a maximum fine of $500, but no jail time. Possession of over 10 grams but less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Second-time marijuana possession offenses are also classified as a Class A misdemeanor offense, even if the quantity possessed is under 10 grams.
Possession of 35 grams- 30 kilograms is a Class D felony which is punishable by up to 7 years imprisonment and a maximum fine of $10,000.
Montana: Voters in Montana passed Initiative 190, which allows for the use, production and sale of marijuana by adults. Voters additionally passed Constitutional Initiative 118, which limits marijuana use to those ages 21 or older.  The new laws allow adults to possess up to one ounce of marijuana and to cultivate up to four mature plants for personal use. Possession of more than 1 ounce of marijuana but less than 2 ounces of marijuana is a civil infraction punishable at the person’s choice either by a fine of up to $200 or the completion of 4 hours of community service. A second offense is a civil infraction punishable at the person’s choice either by a fine of up to $300 or the completion of 6 hours of community service. Possession of more than 2 ounces of marijuana is a felony punishable by up to 5 years in prison and/or up to 45,000.
Nebraska: Possession of 1 ounce or less is an infraction, which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course. A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500. Third and subsequent convictions for possession of 1 ounce or less are a Class IIIA misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500. Possession of more than 1 ounce – 1 pound is a class III misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.
Possession of more than 1 pound is a class IV felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
Nevada: Marijuana is a Schedule I hallucinogenic substance under rule by the Nevada State Board of Pharmacy as authorized by the Nevada Uniform Controlled Substances Act.
Fifty-five percent of Nevada voters approved Question 2 in November 2016, which permits adults who are not participating in the state’s medical cannabis program to legally possess personal use quantities of cannabis (up to one ounce and/or up to 3.5 grams of concentrate).
Under the law, adults may also grow up to six marijuana plants, and they may possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. Public use/display of marijuana is still subject to civil penalties. 
New Hampshire: Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses. Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana and is guilty of a third offense within 3 years of the first offense is guilty of a violation and subject to a fine of $300. Penalties continue to rise with amount.
New Jersey: Possession of up to 6 ounces of cannabis by an adult is legal.
Possession of more than 6 ounces of cannabis by an adult is a crime of the fourth degree punishable by 18 months imprisonment and a fine of up to $25,00
Possession within 1,000 feet of a school adds a sentence of 100 hours of community service to the sentence, as well as a variable (depending on quantity) additional fine.
New Mexico: Possession of up to a half-ounce of marijuana is punishable by a fine of $50.
For first offenders, possession of more than a half-ounce and up to one ounce of marijuana is a petty misdemeanor and is punishable by a fine of $50-$100 and/or up to 15 days of imprisonment. For subsequent offenses possession of more than a half-ounce and up to one ounce of marijuana is a misdemeanor and is punishable by a fine of $100-$1000 and/or up to one year of imprisonment. Penalties continue to rise with amount.
New York: Possession of marijuana in excess of 3 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Possession of marijuana in excess of 8 ounces – 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 16 ounces – 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment and a fine not to exceed $15,000.
North Carolina: Possession of 0.5 ounces or less of marijuana is a Class 3 misdemeanor and a maximum fine of $200. Any sentence of imprisonment imposed for this offense must be suspended. Possession of more than 0.5 to 1.5 ounces is a Class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine for a first offense, and maximum fine of $1000. Possession of over 1 and a half ounces but less than or equal to 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.
North Dakota: Possession of 1/2 ounce [14.175 grams] or less of marijuana is a criminal infraction punishable by a fine of up to $1000. A person who is convicted of an infraction and has been convicted of the same infraction two times or more within the same calendar year may be sentenced to a maximum imprisonment of 30 days and/or a fine of $1500.
Ohio: Possession of less than 100 grams is a minor misdemeanor punishable by a $150 fine.*
Possession of 100 – 200 grams is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $250. Possession of 200 – 1,000 grams is a felony, punishable by up to one year in jail and a maximum fine of $2,500. Penalties continue to rise with amount.
Oklahoma: Possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000 [conditional release is possible for a first offense]. A second offense for possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000.
Penalties continue to rise with amount.
Oregon: There is no fine or penalty for possession of 1 ounce or less of marijuana in public. However, the use of any marijuana is a class B violation punishable by a maximum fine of $1,000.
Possession of more than 1 – 2 ounces of marijuana is a class B violation punishable by a fine of up to $1,000. Possession of more than 2 – 4 ounces of marijuana is a class B misdemeanor punishable by up to 6 months in prison jail and a fine of up to $2,500. Possession of more than 4 ounces of marijuana is a class A misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.
Pennsylvania: Possession of 30 grams or less of flower or 8 grams or less of hashish (concentrates are not further defined) is a misdemeanor punishable by 30 days in jail and/or a $500 fine.
Possession of more than 30 grams of flower or more than 8 grams of hashish is a misdemeanor with a maximum penalty of 6 – 12 months incarceration and a $5,000 fine. A second or subsequent conviction carries a maximum penalty of $25,000 fine and maximum of 18 – 36 months incarceration.
Rhode Island: Possession of marijuana up to one ounce by an individual 18 years or older is a civil violation, punishable by a $150 fine, no jail time, and no criminal record. Possession of 1 ounce to 1 kilogram is a misdemeanor that is punishable by a maximum of 1 year imprisonment and a maximum fine of $500.
South Carolina: Possession of 1 ounce or less is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a fine of $100-$200. A subsequent conviction for possession of 1 ounce or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
South Dakota: South Dakotan voters passed Constitutional Amendment A, which allows adults to purchase and possess up to one ounce of marijuana and grow up to three plants for personal use. The amendment is in the process of being litigated. Amendment A takes effect on July 1, 2021.
Currently, possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
Possession of more than 2 ounce – 0.5 pounds is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.
Possession of 0.5 pound – 1 pound is a Class 5 felony, punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
Possession of 1 pound -10 pounds is a Class 4 felony, punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
Possession of more than 10 pounds is a Class 3 felony, punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.
A civil penalty may also be imposed following a conviction. This penalty cannot exceed $10,000.
Tennessee: Possession of a half ounce of marijuana or less is a misdemeanor punishable by up to one year in jail and maximum fine of $2,500. A $250 fine is required for all first time convictions. A subsequent offense brings a $500 mandatory minimum fine.
Texas: Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Penalties continue to rise with amount.
Utah: Possession of less than 1 ounce is a class B misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000. Upon a second conviction the person is guilty of a class A misdemeanor, and upon a third or subsequent conviction the person is guilty of a third degree felony. Penalties continue to rise with amount.
Vermont: Possession of 1 – 2 ounces is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500.
Virginia: A majority of the Virginia legislature voted on April 7, 2021 to approve amendments to Senate Bill 1406 | House Bill 2312, which legalize the personal use and possession of marijuana on July 1, 2021. Provisions in the law will permit those age 21 and over to possess up to one ounce in public. Separate provisions in the law regulating the commercial production and retail sale of cannabis do not take effect until January 1, 2024.
Washington: The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. The public consumption of marijuana is subject to a civil violation and fine. Any consumption of cannabis, while one is in a moving vehicle, is defined as a traffic infraction. Traffic safety laws further require that the possession of cannabis in a moving vehicle must be located in a sealed container in either the trunk, glove compartment, or some other area that is inaccessible to the driver or passengers.
West Virginia: Possession of marijuana in any amount is a misdemeanor punishable by not less than 90 days, nor more than 6 months and not fined more than $1,000.
Wisconsin: A first offense for possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to 6 months. A second offense is a Class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years.
Wyoming: Any person using or under the influences marijuana is subject to a misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $750, or both. Possession of three ounces or less is a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both. Penalties continue to rise with amount.
Information provided by NORML

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