SOUTH DAKOTA

This state info comes with the caveat that voters chose to legalize both regulated sales and home cultivation here, but the courts struck it down and it is working through the appeals process now, so this state is very fluid, but as it stands right now cultivation is charged as either possession or sales, depending on the whole plant weight. For most home growers you would fall into the 1-10lb range with a class 4 felony with up to 10 years and a $20,000 fine. Over 10 lbs. whole plant weight is a class 3 felony with up to 15 years and $30,000 fines.