Lincoln County, SD Public Conduct: Public Marijuana Use (2026)
Key Facts
- Public use ban
- § 111.04(E)(1)
- Public place defined
- streets, sidewalks, lots, public buildings
- Civil penalty
- up to $100, § 111.99(A)
- Vehicle container offense
- Class 2 misdemeanor, § 111.04(E)(3)
- Enforcing agency
- Lincoln County Sheriff's Office
Summary
Lincoln County Code § 111.04(E) bars using or consuming marijuana, medical or otherwise, in any public place in unincorporated Lincoln County, South Dakota, defining a public place as any street, alley, sidewalk, parking lot, or building open to or used by the general public. A separate clause bars use on private property without the owner's consent. Any violation of Chapter 111, including public use, carries a civil penalty of up to $100 under § 111.99(A).
(E) (1) No person shall use or consume marijuana in any public place or possess any marijuana or marijuana product in any package, bottle, glass, or other container which is not sealed as required by law while in a public place. For purposes of this section, the term PUBLIC PLACE shall mean any street, alley, sidewalk, or parking lot, commonly and customarily open to or used by the general public and any public, building or structure open to or used by the general public. (2) No person shall use or consume marijuana on any private property without the consent of the owner of such property. ... (A) Any person or entity that violates any provision of this chapter is subject to a civil penalty of up to $100.
Full Breakdown
Section 111.04, titled Violations, sits inside the county's medical cannabis chapter but reaches beyond registered patients: subsection (E)(1) makes it unlawful for any person to use or consume marijuana, or to possess an unsealed marijuana package, bottle, glass, or other container, in a public place, which the section defines as any street, alley, sidewalk, or parking lot commonly open to the public, or any public building or structure open to the public. Subsection (E)(2) separately bars using or consuming marijuana on private property without the owner's consent, closing off the workaround of stepping onto a neighboring lot.
The same section layers on two Class 2 misdemeanor offenses for anyone occupying a motor vehicle on a public highway or its right-of-way with an unsealed marijuana container, and for anyone possessing marijuana without labeling showing it came from a legal dispensary or a physician's home-cultivation certificate. Chapter 111 elsewhere makes clear that nothing in it authorizes smoking cannabis on public transportation, working under the influence, or driving under the influence. Enforcement rests with the Lincoln County Sheriff's Office, and a general Chapter 111 violation, including the public-use ban, draws a civil penalty of up to $100 under § 111.99(A), separate from the Class 2 misdemeanor penalties for the container offenses.
Violations & Fines
Using or possessing unsealed marijuana in a public place under § 111.04(E)(1) is a civil violation carrying up to a $100 fine under § 111.99(A). Carrying an unsealed marijuana container in a vehicle on a public highway, or an unlabeled container without dispensary or caregiver documentation, is instead charged as a Class 2 misdemeanor under § 111.04(E)(3) and (E)(4).
Frequently Asked Questions
Can a medical cannabis cardholder smoke in a public parking lot?
Is it legal to consume marijuana on a friend's property?
What is the penalty for public marijuana use in Lincoln County?
Sources & Official References
Other rules in Lincoln County
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