Is 5-MeO-DMT legal in South Dakota?

Where is 5-MeO-DMT legal?

Possession of 5-MeO-DMT is illegal in the US. 5-MeO-DMT is a Schedule I drug, which means federal law classifies it as illegal.

However, there are some places where you can likely have 5-MeO-DMT on your person without getting on the wrong side of the law. These places have recently either voted to decriminalize casual drug possession (as is the case in Oregon) or they’ve decided to make possession of natural entheogens like 5-MeO-DMT a low priority for law enforcement.

Examples of these places include:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA

5-MeO-DMT in South Dakota

In Dakota, 5-MeO-DMT is illegal. 5-MeO-DMT and all other hallucinogens are classified as Schedule I substances in South Dakota. Possession of drugs is a Class 5 felony in South Dakota. What’s more, South Dakota doesn’t just define possession as having a substance on your person or under your control. It’s the only state that also classifies consumption of a drug as possession. That means failing a drug test in South Dakota is a felony, too. Penalties for a Class 5 felony in South Dakota include up to five years in prison and the possibility of a $10,000 fine.

Active legislation about 5-MeO-DMT in South Dakota

South Dakota Attorney General Jason Ravnsborg recently introduced two ballot measures aimed at modifying the state’s drug laws. The first would make drug possession a misdemeanor, rather than a felony. And the second would make ingestion of a controlled substance a petty offense. While 5-MeO-DMT would still be outlawed in the state, this would be a considerable change to the current penalties levied for possession in South Dakota. Voters are expected to make a decision about these proposals in 2022.

Is ayahuasca legal in South Dakota?

Where is ayahuasca legal?

Ayahuasca is illegal no matter where you go in the US. Ayahuasca is a tea that contains DMT, a Schedule I controlled substance. Ayahuasca is made from certain plants that have psychoactive properties.

There has been a recent push to decriminalize such plants, and as such, in the following areas ayahuasca is considered a low priority for law enforcement (still technically illegal, though):

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA

Ayahuasca is considered part of a spiritual ritual in some religions. The União do Vegetal (UDV) church is permitted to legally use ayahuasca in their ceremonies.

Ayahuasca in South Dakota

In South Dakota, ayahuasca, as all other hallucinogens, is considered a Schedule I drug. Possession of Schedule I substances in South Dakota is a felony. Possession in South Dakota carries a maximum sentence of five years in prison and a $10,000 fine.

Active legislation about ayahuasca in South Dakota

Currently, there isn’t anything pending in the legislature about ayahuasca. Voters should see a couple of measures on the ballot this year that would significantly reduce penalties for casual drug possession in the state.

Is DMT legal in South Dakota?

Where is DMT legal?

DMT is a Schedule I substance, illegal in all 50 states.

But DMT is a natural entheogen, and there are some places where natural substances like DMT are considered a low priority for law enforcement officers.

Here’s a list of those places:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

DMT in South Dakota

In South Dakota, DMT possession is a felony. If you’re caught with DMT (in your system or on your person) you could face five years in prison and/or have to pay a $10,000 fine.

Active legislation about DMT in South Dakota

There’s nothing about DMT on the books in South Dakota at the moment. However, voters there could potentially approve two measures introduced by the state Attorney General that would significantly downgrade penalties for drug possession.

Is ibogaine legal in South Dakota?

Where is ibogaine legal?

Ibogaine is illegal — no matter where you go in the US. Ibogaine’s considered a Schedule I drug on a federal level, which means it’s a crime to possess it in all 50 states.

Ibogaine is derived from a plant. And there have been several places across the country which have decided to make plant and fungus-based hallucinogens a low priority for the local law enforcement. In the case of Oregon, it’s made all drug possession a civil infraction rather than a crime.

Here’s where natural entheogens like ibogaine are a low priority for the police:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

Ibogaine in South Dakota

Ibogaine is considered Schedule I in South Dakota. If you’re caught with a Schedule I controlled substance in South Dakota, you could face up to five years in prison and a $10,000 fine.

Active legislation about ibogaine in South Dakota

Right now, there’s nothing specifically about ibogaine pending in South Dakota. But, voters there could choose to significantly reduce penalties for drug possession in the state later this year. There are two measures on the ballot — one that would make casual drug possession a misdemeanor and the other would make ingestion of drugs a petty offense. Right now, in the State of South Dakota failing a drug test is a felony.

Is ketamine legal in South Dakota?

Where is ketamine legal?

Ketamine is a legal, prescription medication. Ketamine is used as an anesthetic. Ketamine is also prescribed to treat mental health disorders.

When ketamine is taken recreationally, it’s illegal. Ketamine is a Schedule III drug and is illegal to possess without a prescription in the United States.

Ketamine in South Dakota

Ketamine’s legal in South Dakota when it’s used as a prescription drug. When used recreationally, it’s considered a Schedule III drug. Possession of ketamine without a prescription is a Class 6 felony. The maximum penalty for possession of a Schedule III drug in South Dakota is 2 years in prison and a $4,000 fine.

Active legislation about ketamine in South Dakota

Ketamine is not currently the subject of any legislation in South Dakota. It is interesting to note that the state Attorney General has introduced two ballot measures that would greatly reduce drug penalties in the state. Voters should decide on making drug possession a misdemeanor rather than a felony later this year.

Is LSD legal in South Dakota?

Where is LSD legal?

LSD is not legal, no matter what state you’re in. LSD is a Schedule I drug — considered to have a high risk for abuse and little to no medical applications. If you’re in the state of Oregon, where drug possession is a civil matter and not a crime, you can possess personal use amounts of LSD (up to 40 hits) without being guilty of a crime.

LSD in South Dakota

LSD is illegal in South Dakota, and as a hallucinogen, a Schedule I controlled drug. In South Dakota, if you consume or possess LSD, it is a felony. LSD possession is punishable by up to five years in prison and a $10,000 fine.

Active legislation about LSD in South Dakota

South Dakota isn’t considering any legislation specifically about LSD at this time. However, voters are expected to decide if drug possession should be downgraded to a misdemeanor in the state very soon.

Is MDMA legal in South Dakota?

Where is MDMA legal?

MDMA is illegal. You can’t legally possess MDMA anywhere in the United States. However, In the state of Oregon, it isn’t a crime to have personal use amounts of drugs in your possession. In Oregon, if you’re caught with small quantities of drugs, you are subject to a $100 fine and a civil citation.

MDMA in South Dakota

MDMA is illegal to have or consume in the state of South Dakota. South Dakota is the only state in the country where consuming a drug is considered a crime. That means if law enforcement finds metabolites for a drug in your system, you’re guilty of possession. MDMA possession is punishable by up to 5 years in prison and a $10,000 fine in South Dakota.

Active legislation about MDMA in South Dakota

South Dakota isn’t looking at any legislation regarding MDMA right now. It is interesting to note that the state Attorney General has introduced two ballot measures for voters to consider later this year. One proposal would downgrade drug possession to a misdemeanor in the state. The other would make consumption of drugs a petty offense. Right now, both are felonies in South Dakota.

MDMA is currently being studied as a treatment for PTSD, so it’s possible that it could be considered a prescription drug in the near future.

Are mescaline-containing cacti like peyote or San Pedro legal in South Dakota?

Where are mescaline, peyote, or San Pedro legal?

Mescaline and peyote are illegal to possess—in all 50 states of the United States.

One group of people, members of the Native American Church (NAC) are exempt from the laws prohibiting possession of peyote, however. Bonafide members of the NAC can use peyote as part of their religious ceremonies.

There are also a few places that have chosen to make natural entheogens like peyote and mescaline a low priority for the police. In these areas, it’s not likely possession of natural hallucinogens will be prosecuted:

  • Arcata, CA
  • Oakland, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

Don’t worry if you have a San Pedro cactus as a houseplant. That’s well within the law — unless you extract mescaline from it. That is illegal.

Mescaline, peyote, and San Pedro in South Dakota

South Dakota law considers mescaline and peyote a Schedule I drug. That means if you’re caught with mescaline — you could be found guilty of a felony and have to serve 5 years in jail, plus pay a $10,000 fine.

Active legislation about mescaline, peyote, and San Pedro in South Dakota

Mescaline, peyote, and the San Pedro cactus aren’t the focus of any laws in South Dakota at the moment. But, it’s possible voters there could choose to downgrade the penalties for personal drug possession dramatically in the near future.

Is psilocybin legal in South Dakota?

Where is psilocybin legal?

Psilocybin is a Schedule I substance, and as such, it’s illegal in the US.

However, with the explosion of studies showing the benefits of psilocybin for mental health disorders, many areas of the country have chosen to downgrade the severity of possession laws for psilocybin.

In these areas, psilocybin is a low priority for law enforcement and prosecutors:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Denver, CO
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA

  • Washington, D.C.

Psilocybin in South Dakota

In South Dakota, psilocybin is illegal to possess. In fact, it’s a felony to have it on your person or to have ingested it. South Dakota takes drug possession quite seriously. If you’re caught with a hallucinogen, it could mean up to five years in prison and a $10,000 fine.

Active legislation about psilocybin in South Dakota

There’s nothing regarding psilocybin pending on the books in South Dakota. But it is possible that voters there could decide to change the current drug code as early as this year. There is a proposed ballot measure up for a vote that would make personal drug possession a misdemeanor, rather than a felony in South Dakota.