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South Dakota: Legislation Pending to Eliminate Internal Possession Offenses

Update: SB 129 was killed in the Senate on Tuesday February 21.

More than a dozen lawmakers are backing legislation, Senate Bill 129, to eradicate the state’s marijuana possession by ingestion law.

Under the law, one can be charged with a felony drug offense if their past use of a marijuana shows up on a blood or urine test. In the case of cannabis, byproducts of THC may be detectable for several weeks after one has ceased using it.

The measure does not amend penalties for the physical possession of marijuana.

The 2001 law was upheld by the state Supreme Court in 2004.

South Dakota is one of the only states that criminalizes the internal possession of marijuana or other controlled substances, and it is the only state that defines the activity as a felony offense.

For more information, visit South Dakota NORML to learn what you can do in your area. 

Please use the pre-written letter below to urge lawmakers to vote ‘yes’ on SB 129.

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