SDLRC - 2021 House Bill 1061 - SD Legislature prohibit smoking and consuming marijuana and its derivatives in a motor vehicle and create a penalty therefor.

ENTITLED An Act to prohibit smoking and consuming marijuana and its derivatives in a motor vehicle and create a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

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.

Section 2. That a NEW SECTION be added:

22-42-25. Passenger--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 occupying a motor vehicle smokes marijuana or marijuana concentrate while the vehicle is being operated.

An Act to prohibit smoking and consuming marijuana and its derivatives in a motor vehicle and create a penalty therefor.

I certify that the attached Act originated in the: House as Bill No. 1061 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1061 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2021 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2021 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2021 at _________ o'clock __M. Secretary of State By Asst. Secretary of State