Unauthorized conduct

South DakotaStatutes

Ask Donna

How this section applies to your facts.

SD Code › Title 34 › Chapter 20G › Section 34-20G-18

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

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;

(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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.