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South Dakota: 10 People Were in State Prison for Pot-Related Crimes, Three for 10 Pounds or More, State Says (2024)

Possession of 2 ounces or less is a Class 1 misdemeanor. Courts counted 220 jail days since 2019 where it was the only charge.

By Donte West · Oct 17, 2026

The South Dakota Department of Corrections said 10 people were in state prisons for pot-related crimes as of June 30, 2024, and three of them were serving time for 10 or more pounds, South Dakota Searchlight reported. The department said no parolee had been violated solely for marijuana possession.

Possession of 2 ounces or less is a Class 1 misdemeanor, and concentrates can be a felony with up to five years. Courts counted 220 jail days served since 2019 where possession of 2 ounces or less was the only charge, and judges suspended 205,393 days of jail time for misdemeanor marijuana possession since 2019. One person named, David Blackburn, was arrested in 2016 with marijuana flower and an empty vaporizer cartridge and received a suspended two-year prison term.

Why it matters: The numbers suggest few people are in prison for small amounts in South Dakota, though thousands face charges.

Source: South Dakota Searchlight, 2024-10-18. Forgotten Prisoner's account is based on this reporting.

Arrests and charges are allegations, not proof of guilt. Corrections: contact us.