Milwaukee Man Gets Two Years in Prison After I-90 Stop Yields 125 Pounds of Marijuana

A second man has now been sentenced in a September 2025 South Dakota traffic stop that turned up nearly 125 pounds of marijuana, as the state's medical-only cannabis program keeps expanding.

FILE — seized cannabis · U.S. CBP / public domain

A Milwaukee, Wisconsin man has been sentenced to prison time in connection with nearly 125 pounds of marijuana found during a traffic stop on Interstate 90 west of Mitchell, according to the Mitchell Daily Republic.

The Sentencing

Michael Lever, 35, pleaded guilty in July to a Class 3 felony charge of possession with intent to distribute one pound or more of marijuana, the Republic reported. He was sentenced Tuesday to five years in prison with three years suspended, meaning he is required to serve two years, according to the outlet; he also received credit for one day already served and was fined $1,000, the Republic reported.

Lever is the second man sentenced over the incident. His co-defendant, passenger Marty Vonderrick Kyles, 35, also of Milwaukee, pleaded guilty and received a 10-year sentence with six years suspended, the Republic reported.

What Happened on I-90

The case traces to a Sept. 24, 2025, stop near mile marker 325, when a South Dakota Highway Patrol trooper pulled over a 2023 Chevrolet Suburban for traveling 82 mph in an 80 mph zone, according to the Republic. After detecting the odor of marijuana and confirming neither occupant held a South Dakota-recognized medical marijuana card, officers searched the vehicle and found 1,996 ounces of marijuana — nearly 125 pounds — packaged in heat-sealed bags, along with five THC vape cartridges and other paraphernalia, the outlet reported. Lever and Kyles told authorities they had traveled from San Francisco to Minneapolis to visit friends, according to the Republic. At sentencing, the judge referenced but ultimately discounted Lever's presentence statement that he was merely the driver with no knowledge of the marijuana's presence, the Republic reported.

A Medical-Only Market

South Dakota permits only medical marijuana use; recreational sales remain illegal, meaning the volume seized in the Lever and Kyles case exceeds what any patient could lawfully possess under the state's program. State licensing records show South Dakota currently has 53 open retail licenses, 31 cultivation licenses, 14 manufacturing licenses and a single testing lab.

Separately, the state's medical program has been growing quickly. Whitney Brunner, administrator of South Dakota's medical cannabis program, told the legislative Medical Marijuana Oversight Committee that the number of licensed home cultivators rose from 61 in fiscal year 2022 to 715 in fiscal year 2026 — a 1,072% increase — according to the Mitchell Republic. Brunner told lawmakers the growth raises oversight questions, saying "the lack of regulation in this area is a bit concerning for us," though she said the department does not assume cultivators are abusing their licenses.

Brunner told the committee that medical marijuana cardholders reached 19,375 by the end of June, a 30.5% increase from 14,843 the prior fiscal year, as reported by the Mitchell Republic; Dakota News Now similarly described the program as having passed 19,000 cardholders with access to marijuana. Dakota News Now also reported that lawmakers and dispensary operators have raised concerns about the severity of inspection penalties; Fort Pierre dispensary owner Robert Krogstad told the outlet a $3,000 fine forced his business to shuffle its budget.

What to Watch

The committee has also been briefed on the federal reclassification of marijuana from a Schedule 1 to a Schedule 3 drug, though Dakota News Now reported that guidance on tax policy and interstate commerce has not yet been established at the federal level, leaving state lawmakers uncertain how to legislate around the change. The oversight committee's next meeting, where members hope to hear from the state attorney general on the future of the medical program, was expected in October, according to Dakota News Now. It remains unclear whether the Lever and Kyles case — involving marijuana trafficked from California through Minnesota — will factor into that discussion, though it underscores the gap regulators and lawmakers have flagged between the state's tightly capped medical system and larger-scale trafficking moving through South Dakota highways.