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Drug Criminal Defense

South Dakota takes drug possession seriously, you need an attorney that does too.

South Dakota takes crimes related to controlled substances seriously. If you are found in possession, physical or constructive possession, of a controlled substance or drug paraphernalia, you may face severe legal consequences. Schlimgen Law Firm will take the time to understand the facts and circumstances surrounding the charges against you, build a strong legal defense, and zealously advocate for your best interests. Eric is skilled, aggressive, and passionate, and will stop at nothing to gain the best outcome for your situation.


Marijuana Possession Laws

South Dakota is one of few states that does not permit marijuana use of any type. This drug has not been decriminalized at any level, including medicinal uses. For this reason, an individual caught with even a small amount of marijuana or drug paraphernalia may face criminal charges

While each case is as unique as the clients we help, the court usually handles marijuana cases in one of the following ways:

  • Misdemeanor:

You may face a misdemeanor charge if you are found with up to 2 ounces of marijuana. The penalties for this offense include up to 1 year in jail and/or a fine up to $2,000.

  • A class 1 misdemeanor is punishable of up to one year imprisonment and/or up to $2,000.00 in fines.

  • A class 2 misdemeanor is punishable of up to 30 days in the county jail and/or $500 in fines.

  • Felony:

  • A class 4 felony is punishable of up to 10 years in the state penitentiary and/or $20,000.00 in fines.

  • A class 5 felony is punishable of up to 5 years in the state penitentiary and/or $10,000.00 in fines.

  • A class 6 felony is punishable of up to 2 years in the state penitentiary and/or $4000.00 in fines.

Schlimgen Law Firm will counsel and educate clients on their rights, the charges against them, the statutory penalties of those charges and the far reaching consequences of those penalties as these charges could affect all facets of one's life. The Firm will also work with clients regarding potential outside resources which may be available to them, both presently and in the future, such as counseling, treatment, or work release. To speak to our attorneys, call us today at (605)-340-1340.



FAX (605)-340-1420

1130 N. Main St., Suite 2, Spearfish, SD 57783

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