Marijuana wax from Dakota Herb, a medical marijuana company headquartered in South Dakota. (John Hult/South Dakota Searchlight)
It’s true that on paper, South Dakota’s cannabis laws are some of the strictest in the nation. It’s also true that judges rarely impose the most severe sanctions available in marijuana cases, and that marijuana charges have dropped off considerably in recent years.
Even so, thousands of South Dakotans continue to pick up charges, including felony ones, for possession of cannabis and cannabis concentrates.
Defense attorneys say that because the state lacks a mechanism for expunging pot charges unless a judge grants one at the time of a guilty plea, the state’s marijuana laws do damage, with or without jail or prison terms.
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“Having a stigma of a felony arrest and facing a felony charge, even if it’s later reduced or dismissed, can often affect your ability to travel, your ability to get a job, and you might lose your job,” said Eric Whitcher, the Pennington County public defender.