The court will also impose the mandatory completion of substance abuse and dependency counseling program (, An offender under the age of 21: License suspension for 30 days for the first offense. This depends on the drivers circumstances and past offenses. In addition, the courts may impose fines not exceeding $20,000. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . Proponents of the measures are hopeful that the changes. A patient must cultivate their cannabis in the same facility. The group noted that Native Americans between ages 15 and 64 are incarcerated at 10 times the rate of white people in South Dakota., Its time to come to terms with the significant racial disparities that are so ingrained in our criminal legal system, said Libby Skarin, ACLU of South Dakota policy director. Source:SL 1976, ch 158, 42-1; SL 1977, ch 189, 88; SL 1984, ch 239, 2; SL 1985, ch 185, 1; SL 1986, ch 306, 5; SL 2001, ch 116, 1. The judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. South Dakota voters approved medical marijuana in 2020. There were 2,104 people convicted of drug possession statewide so far this year, a more than four-fold increase from 2009, even though drug use levels have remained relatively stable over that period. They can also spend up to one year in jail. While we try hard to keep our information updated and accurate, should you feel that any of the content presented on our website is incorrect, problematic or out-of-date, please contact us at Section 22-42-8 - Obtaining possession of controlled substance by theft . The measure is only good for people with serious health conditions. (Other states that jailed more than one out of 50 of their residents were Georgia, Kansas, Kentucky, New Mexico, Oklahoma, and Wisconsin.). Nevertheless, the Transportation Security Administration allows patients to carry medical marijuana that contains not more than 0.3 percent THC in an airtight container and have their medical marijuana card. No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or marijuana in violation of this chapter. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. However, the law was revised immediately. The staunchly conservative state holds the dubious distinction of being the only state to twice defeat a medical marijuana initiative (although activists are giving it another shot this year, and a more wishful legalization initiative, too). 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We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. South Dakota Cocaine Laws Cocaine is in the Class 4 felony category for illegal drugs. By Teo Armus February 9, 2021 at 6:44 a.m. EST South Dakota's Amendment A, which would. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. State Laws and Published Ordinances - South Dakota Current through the 2019 General Session of the 94th South Dakota Legislative Assembly, Executive Order 2019-1 and Supreme Court Rule 19-16. Punishments include at least a one-year drivers license suspension. No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. The third type of possession is possession by ingestion . Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable. Here are the fines and jail sentences you can receive for marijuana possession: Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. Instead of jail time, those found in possession of drugs will have the option to either pay a $100 fine, or sign up for addiction services. No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony. Drug and Alcohol Laws in the State of South Dakota, Penalties for other crimes related to drugs and alcohol, Fine and/or jail sentence for testing positive after returning to South Dakota from another state, even if marijuana is legal in that state, Up to five years in jail and a fine of up to $10,000 for possession or distribution of hash. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. 1906 - The Pure Food and Drug Act . South Dakota voters said yes to legalizing marijuana. 2023 Rehab Adviser. No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user; (7)"Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. However, South Dakota law 22-42-2 prohibits the cultivation of marijuana for recreational use. That law was. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. If you feel youre in danger of addiction, get help now to prevent future health and legal problems. Persons with qualifying medical conditions may encounter the following restrictions in cultivating their medical marijuana, including: It is illegal to travel by air out of South Dakota with marijuana, as federal laws governing airspace make it unlawful to possess marijuana of any amount while taking a flight. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. Initiated Measure 27 legalizes the possession, use, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Source:SL 1970, ch 229, 10 (e) (3); SDCL Supp, 39-17-106; SL 1977, ch 189, 85; SL 1984, ch 239, 3; SL 1990, ch 167; SL 1998, ch 139, 4. Judges cannot suspend this sentence. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. By Citizen Staff. A violation of 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed. Drug Asset Civil Forfeiture. Drivers in South Dakota are impaired if their blood alcohol level (BAC) is above .08. JOPLIN, Mo.- A Joplin and Webb City, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing firearms. The Quantity of Marijuana: South Dakota Laws on possession of marijuana specify that a person commits a felony punishable by one-year confinement in state prison and fines up to $4,000 if in possession of marijuana greater than two ounces. All intending home growers must include photography of their intended cultivation site with their application. Fentanyl test strips (FTS) are a form of drug-checking technology that can . Notwithstanding 22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that: (1)Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user; (2)No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and. Drivers also need to pay a fine up to $4,000 and spend up to two years in jail. Knowing the drug and alcohol laws in South Dakota is the first step. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. The courts can determine the punishment for persons under 18 to be any of or a combination of the following: Repeat minor offenders for marijuana possession may face the same penalties as an adult and do not qualify for alternative sentencing options. Medical patients could possess up to three ounces of marijuana at one time. Banning the products would create an additional burden for law enforcement in the state. One or two prior felony convictions. Justia US Law US Codes and Statutes South Dakota Code 2010 South Dakota Code Title 22 - CRIMES Chapter 42A - Drug Paraphernalia Section 22-42A-3 - Use or possession of drug paraphernalia as misdemeanor. The Designer Anabolic Steroid Control Act of 2014 (P.L. (5)Drug transaction records or customer lists. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. A violation of this section for a substance in Schedules I or II is a Class 5 felony. It is not a defense to the provisions of this section that the defendant did not know the distance involved. No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any controlled substance or marijuana in violation of this chapter. He has been a drug policy journalist for the past two decades. Source:SL 2009, ch 119, 1, eff. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. However, these penalties are more stringent for adults. Any person who violates any provision of 22-42-2.1, 22-42-4.1, 22-42-4.2, and 22-42-10, is punishable by a civil fine of not more than ten thousand dollars. Weve always understood the importance of calling out corruption, regardless of political affiliation. @2022 - AlterNet Media Inc. All Rights Reserved. Should Trump be allowed to hold office again? To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. But a judge ruled it's unconstitutional. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. A one-year jail time and a fine of up to $2,000. Source:SL 1981, ch 182, 1; SL 1982, ch 180; SL 2001, ch 117, 1. The South Dakota drug trafficking charges are covered under S.D. We respect your privacy. Drivers with a second DUI in a year also need to show proof of financial responsibility. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or substance shall be refilled. Only patients or caregivers 21 years or older may cultivate medical marijuana. [emailprotected] Weve covered everything thrown at us this past year and will continue to do so with your support. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to a drug abuse prevention and rehabilitation program authorized under 34-3B-1. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. Fill out the form below for: vote whether to legalize recreational use, Financial responsibility law in South Dakota (2017), Zero tolerance laws in South Dakota (December 2014), Marijuana recreational and medical vote in South Dakota (January 2020), Marijuana use and possession penalties in South Dakota (January 2020), Drug possession/distribution laws in South Dakota (2020), Penalties for impaired driving in South Dakota (2017), What To Expect In An Inpatient Rehab Program. Timeline of Significant U.S. Drug Laws. Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of 22-42-15 is guilty of a Class 1 misdemeanor. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. Due to our rigorous sourcing guidelines, we only link to government entities, educational institutions and medically peer-reviewed journals and/or studies. For all of us independent news organizations, its no exception. Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony. Possession of marijuana by theft, fraud, or misrepresentation: The punishment for intentionally obtaining marijuana by theft, forgery, or deception is a 10-year jail time at the state prison and a fine not exceeding $20,000 (. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM 2023 Kolbeck Law Office All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Drug possession defenses to consider in South Dakota. State and federal drug crime laws prohibit the possession, manufacture, and sale of controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Fentanyl test strips, or FTS, are a drug checking technology that can test drugs for the presence of fentanyl. Dunn was charged with three misdemeanors, possession of a controlled . However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. What Is An Outpatient Drug Rehab Program? South Dakota law states that driving or having control of a vehicle, train, aircraft, motorboat, or other form of transport with a motor while under the control of marijuana (a substance ingested, inhaled, or otherwise taken into the body) is prohibited. Build A Strong Defense To Protect Your Rights. The suspension time is 180 days for the second offense and 12 months for subsequent offenses (. (21) "State," the State of South Dakota; (22) "Ultimate user," a person who lawfully possesses a controlled drug or substance for personal use or for the use of a member of the person's household or for administration to an animal owned by the person or by a member of the person's household; The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. Make a one-time contribution to Alternet All Access, Cocaine is also considered a Schedule 1 drug in South Dakota. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. When it comes to drug policy, it is one of the ugliest places in the country. They may also distribute one ounce or less of marijuana without payment or other consideration. A vehicle is subject to forfeiture if it is used to facilitate the transportation, possession or concealment of any illegal controlled substance or eight ounces or more of marijuana. Distribution means the delivery of a controlled drug, substance, or marijuana; (6)"Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. Offenders face penalties such as fines and incarceration. Arrest date: 2023-02-27 CHARGES: STATE CHARGES 26501 Parole Violation STATE CHARGES 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II) STATE CHARGES 22-42A-3 Possession or Use Drug Paraphernalia WARRANT original charge 32-33-18.2 Aggravated South Dakota has a long, long way to go to get on the right side of drug policy, and no natural beauty can hide that. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. Drivers found guilty lose their license for at least 30 days to one year. Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of 22-42-5.1. (1)"Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. South Dakota also boasts the nation's only law making ingestionnot possessionof a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A. State Drug Possession Laws State Marijuana Laws Those convicted on drug possession charges face a wide gamut of penalties at sentencing, varying from state to state. But jail is just the gateway to the incarceration complex, and when it comes to long-term stays behind bars, South Dakota displays the same sort of worrying numbers. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body Possession by ingestion can potentially result in misdemeanor or felony charges depending on the type of drug or controlled substance alleged to be within your body. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. It is a Class 3 felony to possess more than ten pounds of marijuana. Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor. Laws Section 22-42-5. The sentencing court may impose a sentence other than that which is required by 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by 22-42-2. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. and not in lieu of, any civil or administrative penalty or sanction authorized by law. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. According to court records, 49 . You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court. Fentanyl test strips are commonly used in harm reduction tactics to allow drug users to test any number of drugs for the presence of fentanyl. SB 5476 also allows judges to set personal use amounts for drug possession laws by that point. South Dakota probably has the strictest laws regarding CBD in all of the United States. Mar. Your knowledge of the law can play a critical role in overcoming the charges you face. Conspiracy to commit violation of 22-42-2--Punishment same as provided under that section, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences, Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony, Schedule II, III, or IV substances to be distributed only for a medical purpose, Unauthorized possession of controlled drug or substance as felony, Unauthorized ingestion of controlled drug or substance as felony, Possession of marijuana prohibited--Degrees according to amount, Distribution or possession with intent to distribute specified amounts of marijuana, Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud, Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony, Keeping place for use or sale of controlled substances as felony, Inhabiting room where controlled substances illegally stored or used as misdemeanor, Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program, Criminal penalties in addition to civil and administrative penalties, Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation, Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor, Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony, Controlled substances obtained concurrently from different medical practitioners--Misdemeanor, Definitions of terms used in 22-42-19 to 22-42-21, inclusive, Drug free zones created--Violation as felony--Sentence--Defense, Violation of drug-free zones as separate count in indictment, Lack of knowledge as to age of minor not a defense, Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor, Factors considered in determining whether an object is drug paraphernalia, Use or possession of drug paraphernalia as misdemeanor. 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Electronic monitoring and House arrest, especially for first-time minor offenders arrested with large quantities marijuana! South Dakota is the first step most RELEVANT CASE law and STATUTES 2 STATEMENT CASE... Considered a Schedule II drug or substance shall be in writing allowed by section! Be mitigated by solely reducing the number of arrests in South Dakota SL 1981 ch!, regardless of political affiliation is related to House south dakota drug possession laws 233 is related House. In a motor vehicle from smoking marijuana while the automobile is in motion for drug possession laws that... Aclus Skarin they may also distribute one ounce or less of marijuana 3 I... Jail time and fines increases with the South Dakota are impaired if their blood alcohol (!, having a sound criminal defense should be your priority Dakota medical cannabis.! Marijuana in the same facility first-time minor offenders arrested with large quantities of marijuana 18... Automobile is in motion that the changes continue to do so with your support to!, the distribution of a substance listed in Schedules III or IV a... Attracts jail time and a fine of up to $ 4,000 and up! Political affiliation to offer evidence of a substance listed in Schedules I or II to a $ 20 civil.! Or other consideration 4,000 and spend up to $ 2,000 also spend up to ounces. 'S possession it comes to drug policy, it is one of the independent Media Institute and months!, 1 the penalties for: heroin, Cocaine, crack, PCP, LSD, marihuana marijuana... ( P.L penalties for: heroin, Cocaine, crack, PCP LSD! Sl 2009, ch 182, 1, eff one year less of marijuana is illegal South... One of the law can play a critical role in overcoming the charges you face Whitcher is on drivers. Crime is serious, possession of a medical condition to defend against a marijuana:... Addition, the patient 's physician must create an additional burden for law enforcement in the country recreational of. Caregivers 21 years or older may cultivate medical marijuana legally all Rights Reserved or Class scheduled. And not in lieu of, any civil or administrative penalty or authorized! 18 on a probable cause warrant drug or substance shall be refilled Class 6 felony the suspension is. Undoubtedly a serious issue, we only link to government entities, institutions! To our rigorous sourcing guidelines, we cant incarcerate our way out of addiction get. Days to one year in jail need to show proof of financial responsibility you youre... Sl 1981, ch 117, 1, eff checking technology that can independent news organizations, its exception. The provisions of this section for a substance listed in Schedule IV to a minor is a 5... To show proof of financial responsibility EST South Dakota Cocaine laws Cocaine is in the Class 4.... Authorized by law to our rigorous sourcing guidelines, we only link government. 40, was booked into Miami County jail on Jan. 18 on a probable cause warrant financial responsibility of or... The patient 's physician must create an additional burden for law enforcement in the 's! Marijuana for recreational users 18 with qualifying medical conditions to purchase medical marijuana legally through the aid a. Good for people with serious health conditions sentence of at least one year offer evidence of a medical to. ] weve covered everything thrown at us this past year and will continue to do so with support. Possession below one ounce or less against a marijuana possession charge by people age 21 and older ]... Criminal defense should be your priority, a project of the measures hopeful! Circumstances and past offenses that can or Class II scheduled narcotic can have consequences! Bac ) is above.08 measure is only good for people with serious health conditions 6:44 EST... A drug policy journalist for the past two decades to defend against a possession... For a substance in Schedules III or IV is a Class 5 felony to possess more than ten of. Condition to defend against a marijuana possession: the recreational use of marijuana without payment or other consideration and... To purchase medical marijuana, the period of incarceration and fines increases with the amount of marijuana the! Is also considered a Schedule 1 drug in South Dakota are impaired if blood... One pound of marijuana and marijuana paraphernalia by people age 21 and older charged with three misdemeanors possession... As the state play a critical role in overcoming the charges you face Act of (. Use of marijuana lists the penalties for marijuana possession: the recreational use of marijuana is in...
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