22-42-24. Driver--Use of marijuana--Motor vehicle--Misdemeanor.
While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person operating or in actual physical control of a motor vehicle smokes or consumes marijuana or marijuana concentrate while the vehicle is being operated. For purposes of this section and §22-42-25, marijuana concentrate is the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin.
Source: SL 2021, ch 100, § 1.
Structure South Dakota Codified Laws
Chapter 42 - Controlled Substances And Marijuana
Section 22-42-1 - Definitions.
Section 22-42-2.3 - Mitigating circumstances--Departure from mandatory sentence.
Section 22-42-4.2 - Schedule II, III, or IV substances to be distributed only for a medical purpose.
Section 22-42-5 - Unauthorized possession of controlled drug or substance as felony.
Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony.
Section 22-42-6 - Possession of marijuana prohibited--Degrees according to amount.
Section 22-42-10 - Keeping place for use or sale of controlled substances as felony.
Section 22-42-13 - Criminal penalties in addition to civil and administrative penalties.
Section 22-42-18 - Definitions of terms used in §§ 22-42-19 to 22-42-21, inclusive.
Section 22-42-19 - Drug free zones created--Violation as felony--Sentence--Defense.
Section 22-42-20 - Violation of drug-free zones as separate count in indictment.
Section 22-42-21 - Lack of knowledge as to age of minor not a defense.
Section 22-42-22 - Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor.
Section 22-42-23 - Controlled Substance--Pregnancy--Assault.
Section 22-42-24 - Driver--Use of marijuana--Motor vehicle--Misdemeanor.
Section 22-42-25 - Passenger--Use of marijuana--Motor vehicle--Misdemeanor.