Effective July 1, 2021

SDLRC - Codified Law 0N-30-4 - [Effective July 1, 2021] Acts that are not unlawful.

§ 4. [Effective July 1, 2021] Acts that are not unlawful.

Subject to the limitations in this article, the following acts are not unlawful and shall not be an offense under state law or the laws of any local government within the state or be subject to a civil fine, penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any right or privilege, or to seize or forfeit assets under state law or the laws of any local government, if the person is at least twenty-one years of age:

(1)    Possessing, using, ingesting, inhaling, processing, transporting, delivering without

consideration, or distributing without consideration one ounce or less of marijuana, except that not more than eight grams of marijuana may be in a concentrated form;

(2)    Possessing, planting, cultivating, harvesting, drying, processing, or manufacturing not more than three marijuana plants and possessing the marijuana produced by the plants, provided:

(a)    The plants and any marijuana produced by the plants in excess of one ounce are kept at one private residence, are in a locked space, and are not visible by normal, unaided vision from a public place;

(b)    Not more than six plants are kept in or on the grounds of a private residence at one time; and

(c)    The private residence is located within the jurisdiction of a local government where there is no licensed retail store where marijuana is available for purchase pursuant to this article;

(3)    Assisting another person who is at least twenty-one years of age, or allowing property to be used, in any of the acts permitted by this section; and

(4)    Possessing, using, delivering, distributing, manufacturing, transferring, or selling to persons twenty-one years of age or older marijuana accessories.

History: Proposed by initiated amendment (Constitutional Amendment A), approved Nov. 3, 2020, eff. Jul. 1, 2021.