Effective July 1, 2021

SDLRC - Codified Law 0N-30-5 - [Effective July 1, 2021] Civil penalties.

§ 5. [Effective July 1, 2021] Civil penalties.

(1)    A person who, pursuant to § 4 of this article, cultivates marijuana plants that are visible by normal, unaided vision from a public place is subject to a civil penalty not exceeding two hundred and fifty dollars.

(2)    A person who, pursuant to § 4 of this article, cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred and fifty dollars.

(3)    A person who, pursuant to § 4 of this article, cultivates marijuana plants within the jurisdiction of a local government where marijuana is available for purchase at a licensed retail store is subject to a civil penalty not exceeding two hundred and fifty dollars, unless the cultivation of marijuana plants is allowed through local ordinance or regulation pursuant to § 10.

(4)    A person who smokes marijuana in a public place, other than in an area licensed for such activity by the department, is subject to a civil penalty not exceeding one hundred dollars.

(5)    A person who is under twenty-one years of age and possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration one ounce or less of marijuana or possesses, delivers without consideration, or distributes without consideration marijuana accessories is subject to a civil penalty not to exceed one hundred dollars. The person shall be provided the option of attending up to four hours of drug education or counseling in lieu of the fine.

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