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. Source: SL 2021, ch 100, § 1.
South Dakota Legal Code