South Dakota Codified Laws 34-20G-18. Unauthorized conduct
This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:
(1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice;
Terms Used In South Dakota Codified Laws 34-20G-18
- Medical use: includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. See South Dakota Codified Laws 34-20G-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;
(3) Smoking or vaping cannabis:
(a) On any form of public transportation;
(b) In any public place or any place that is open to the public; or
(c) If under the age of twenty-one;
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis; or
(5) Performing any safety-sensitive job under the influence of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, § 2.