If you plan on flying to Colorado soon and while you're there, maybe take advantage of the state's relaxed laws regarding marijuana possession, just remember one thing - don't attempt to bring any whacky tobacky products back to South Dakota.

Just ask Rebecca Mason-Wygal who was attempting to board a plane back to California but was arrested when an airport security screener detected a controlled substance in her possession.

She was busted carrying an assortment of edible pot candies such as bubble gum, lemon drops and chocolate bars.

Mason-Wygal is just one of a number of people the Sioux Falls police have charged with carrying pot products, purchased legally in Colorado, that are controlled substances here in South Dakota. Resulting in a felony.

While marijuana may be legal in the states of Colorado and Washington, it's still illegal in South Dakota.

Dan Letellier, executive director of Sioux Falls Regional Airport, said travelers have a responsibility to know what’s legal from state to state.

On Tuesday, March 24, a similar incident happened again at the Sioux Falls airport, when 28 year-old-old Alicia Marie Coffey Hutchinson of San Jose, California was arrested after TSA agents noticed she had a Kiva chocolate bar containing pot and a bottle with medical liquid cannabis inside.  Once again, items she purchased legally in Colorado.

According to Letellier, “In passenger screens, they’re looking for prohibited items being taken on board that may pose a risk during flight. Some states are allowing it, and some states aren’t. It is your responsibility to know the laws.”

Playing the ignorance card isn't going to fly in South Dakota either.

South Dakota Attorney General Marty Jackley says ignorance of state laws isn’t a defense for illegally bringing marijuana into the state.

“The possession of a substances of this nature in South Dakota are illegal,” Jackley said.

Now it's up prosecutors to determine whether both women’s cases will be prosecuted federally or on the state level. A mandatory minimum sentence can be tied to some federal drug charges.

According to Jackley, "The circumstances surrounding how they were obtained can become a sentencing mitigation issue.”

Keith Stroup, the legal counsel for the National Organization for the Reform of Marijuana Laws advises marijuana smokers or those who use edibles, not to travel between states with those types of products, it’s too high-risk.

Stroup also said he doesn’t believe the women should be charged with felonies simply because marijuana use is not socially acceptable.

Source: Argus Leader

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