Office of Accreditation & Teacher Quality

Student Rights & Responsibilities

Possession of Tobacco, Alcohol, Drugs & Firearms

The South Dakota Legislature has decreed that possession of tobacco and alcohol by minors is prohibited.  In addition, possession of controlled substances and marijuana are crimes in South Dakota, unless an authorized healthcare provider specifically prescribes the controlled substance.  Severe state and federal penalties are possible for violations under state law and the federal "SAFE AND DRUG-FREE SCHOOLS ACT." 

For example, SDCL 13-32-9 provides suspension from extracurricular activities for controlled substance and marijuana violations.  School officials are duty bound to observe and enforce these laws. In addition, both the federal "GUN-FREE SCHOOLS ACT OF 1994" and SDCL 13-32-7 prohibit the presence of any firearm or dangerous weapon on school grounds. 

SDCL 13-32-7.  Any person, other than a law enforcement officer, who intentionally carries, has in his possession, stores, keeps, leaves, places or puts into the possession of another person, any firearm or air gun, whether or not the firearm or air gun is designed, adapted, used or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle or building or any premises, vehicle or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms or air guns at firing ranges, gun shows and supervised schools or sessions for training in the use of firearms.  This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.

Finally, dangerous weapon is defined in SDCL 22-1-2(10) as "any firearm, knife or device, instrument, material or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm."  Whether an item is a dangerous weapon is a factual question that should be discussed with legal counsel.