Can possession of marijuana edibles lead to a felony?

On Behalf of | Nov 13, 2023 | criminal defense |

In recent years, there has been a significant shift in attitudes and laws surrounding marijuana in the United States. Many states legalized its use for medicinal and even recreational purposes.

However, South Dakota stands out as a state with a strict stance on marijuana edibles, where possession or consumption of these products can still lead to felony criminal charges.

Possession of a controlled substance

In South Dakota, possession of marijuana in any form, including edibles, remains illegal. Law enforcement considered having marijuana edibles as the possession of a controlled substance. If caught with these edibles, individuals may face charges related to the possession of an illegal substance.

Potential felony charges

The severity of the charges can depend on the quantity and other circumstances surrounding the possession. A felony charge carries more severe consequences than a misdemeanor, potentially leading to heavy fines, a lengthy probation period or even incarceration. These charges can have a lasting impact on one’s personal and professional life.

Distribution and sales

Distributing or selling marijuana edibles is another legal minefield. Anyone found engaging in these activities could face a felony charge, potentially facing substantial fines and lengthy incarceration.

Driving under the influence

Driving under the influence of marijuana, including edibles, is illegal in South Dakota. Law enforcement officials actively look for impaired drivers. If pulled over and found to be under the influence, you may face not only DUI charges but also the associated penalties, which can be severe.

Although marijuana arrests have dropped 58% in the past decade across the U.S., many states continue to enforce their marijuana laws. Whether a South Dakota resident or visitor, it is important to make responsible choices when it comes to marijuana edibles.