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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.

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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

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

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  • 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.

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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.

TEL (605)-340-1340

FAX (605)-340-1420

611 Dahl Rd, Suite 1, Spearfish, SD 57783


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The materials contained on this website have been prepared by Schlimgen Law Firm, LLC and are intended for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. While we have attempted to maintain information on this website as accurately as possible, this information may contain errors or omissions, for which we disclaim liability. This website contains information on legal issues and is not a substitute for legal advice from a qualified attorney licensed in the appropriate jurisdiction. This site contains links to other web sites. We are not responsible for the privacy practices or the content of such web sites, and we do not endorse such sites. Copyright© 2020 by Schlimgen Law Firm, LLC. All rights reserved. Any reproduction of any content of this site is prohibited other than reproductions for individual, non-commercial, and informational use. Schlimgen Law Firm, LLC expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. By contacting Schlimgen Law Firm, LLC or any of its attorneys or employees, you agree that Schlimgen Law Firm, LLC may review any information that you transmit to us, whether submitted at our request or not. You recognize that our review of any unsolicited information you may submit, even if you submitted it in a good faith effort to retain us, and, further, even if it is highly confidential, does not preclude us from representing another client directly adverse to you, even in a matter in which that information could and will be used against you. You should not send confidential information or information that you regard as privileged to Schlimgen Law Firm, LLC until you have received written confirmation from Schlimgen Law Firm, LLC of its willingness to provide the legal services you may request. The content of any correspondence you send via the Internet will not be considered confidential unless you have received such written confirmation. Past results obtained by Schlimgen Law Firm LLC attorneys are no guarantee of future results. Each case or matter is different and is judged on its own merits.

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