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Justia US Law US Codes and Statutes South Dakota Code 2010 South Dakota Code Title 22 - CRIMES Chapter 42A - Drug Paraphernalia Section 22-42A-3 - Use or possession of drug paraphernalia as misdemeanor. South Dakota is the only state in that nation that says the existence of drugs in the body can be a felony crime. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage Fentanyl test strips, or FTS, are a drug checking technology that can test drugs for the presence of fentanyl. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. To ensure that all of our content is credible and thoroughly legitimate, it is medically reviewed and fact-checked for complete accuracy. No person may knowingly possess marijuana. Conspiracy to commit violation of 22-42-2--Punishment same as provided under that section, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences, Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony, Schedule II, III, or IV substances to be distributed only for a medical purpose, Unauthorized possession of controlled drug or substance as felony, Unauthorized ingestion of controlled drug or substance as felony, Possession of marijuana prohibited--Degrees according to amount, Distribution or possession with intent to distribute specified amounts of marijuana, Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud, Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony, Keeping place for use or sale of controlled substances as felony, Inhabiting room where controlled substances illegally stored or used as misdemeanor, Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program, Criminal penalties in addition to civil and administrative penalties, Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation, Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor, Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony, Controlled substances obtained concurrently from different medical practitioners--Misdemeanor, Definitions of terms used in 22-42-19 to 22-42-21, inclusive, Drug free zones created--Violation as felony--Sentence--Defense, Violation of drug-free zones as separate count in indictment, Lack of knowledge as to age of minor not a defense, Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor, Factors considered in determining whether an object is drug paraphernalia, Use or possession of drug paraphernalia as misdemeanor. The helpline at RehabAdviser.com is available 24/7 to discuss the treatment needs of yourself or a loved one. Source:SL 1970, ch 229, 9 (k); SDCL Supp, 39-17-83; SL 1977, ch 189, 81. Second offense: Drivers with a second DUI lose their license for one year. (2)In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. Stay safe by learning laws and penalties related to alcohol and drug use. ANTONIO RAMONT SMITH was booked in Minnehaha County, South Dakota for 24/7 SENTENCED original charge 22-42-5 Possession Controlled Drug or Substance. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony. They also need to complete chemical dependency counseling and get special insurance. The judge may restrict, suspend, or revoke the driving license privilege of the minor. Conduct that endangers others is prohibited. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. A violation of this section for a substance in Schedules I or II is a Class 5 felony. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). Drug Asset Civil Forfeiture. What impact does that have on their lives?. Here are the fines and jail sentences you can receive for marijuana possession: The penalties depend on whether its the first offense. A patient must cultivate their cannabis in the same facility. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. First offense: The first DUI offense is a Class 1 misdemeanor. [9] South Dakotas codified laws stipulate that patients in the medical marijuana program may grow not more than two flowering cannabis plants and two non-flowering cannabis plants at home. To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. He is the longtime author of the Drug War Chronicle, the online publication of the non-profit StopTheDrugWar.org, and has been the editor of AlterNets Drug Reporter since 2015. The group noted that Native Americans between ages 15 and 64 are incarcerated at 10 times the rate of white people in South Dakota., Its time to come to terms with the significant racial disparities that are so ingrained in our criminal legal system, said Libby Skarin, ACLU of South Dakota policy director. 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Source:SL 1976, ch 158, 42-1; SL 1977, ch 189, 88; SL 1984, ch 239, 2; SL 1985, ch 185, 1; SL 1986, ch 306, 5; SL 2001, ch 116, 1. South Dakota probably has the strictest laws regarding CBD in all of the United States. Law enforcement will charge any young driver with a BAC higher than .02 with DUI. Schedule I drug possession charges vary based on state. Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. Additional information about this arrest can be found below. Either way, it makes sense to learn the states drug and alcohol laws. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. Possession of marijuana by theft, fraud, or misrepresentation: The punishment for intentionally obtaining marijuana by theft, forgery, or deception is a 10-year jail time at the state prison and a fine not exceeding $20,000 (. By 2020, medical marijuana would have been authorised by South Dakota voters. On Thursday, sheriff's deputies arrested a 23-year-old law enforcement academy cadet, who is not affiliated with the Monroe County Sheriff's Office . 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. It is not a defense to the provisions of this section that the defendant did not know the distance involved. - "Poynter" fonts provided by fontsempire.com. Fentanyl test strips (FTS) are a form of drug-checking technology that can . A one-year jail time and a fine of up to $2,000. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. He told the interim panel that 73 of his last 100 drug possession cases involved only trace or immeasurable amounts of drugs and that if such cases were not charged as felonies, his office could operate with significantly fewer felony prosecutors. This only applies to adults age 21 or older. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. Drug possession defenses to consider in South Dakota. Drug and Alcohol Laws in the State of South Dakota, Penalties for other crimes related to drugs and alcohol, Fine and/or jail sentence for testing positive after returning to South Dakota from another state, even if marijuana is legal in that state, Up to five years in jail and a fine of up to $10,000 for possession or distribution of hash. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. The South Dakota Supreme Court on Wednesday upheld a lower court's ruling that nullified a voter-passed amendment to the state constitution that would have legalized recreational marijuana. 10, 2009. This depends on the drivers circumstances and past offenses. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. (3)It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with 34-20B-39. Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. But jail is just the gateway to the incarceration complex, and when it comes to long-term stays behind bars, South Dakota displays the same sort of worrying numbers. Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. In January, Ohio took fentanyl test strips off its illegal drug paraphernalia list. Under the bill, possession of up to an ounce of cannabis by an adult 21 or older would be considered a petty fine that would not carry the threat of jail time. One pound to ten pounds: It is a class 4 felony to possess marijuana up to 10 pounds, and persons found guilty face incarceration of up to 10 years. Source:SL 1981, ch 182, 1; SL 1982, ch 180; SL 2001, ch 117, 1. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor. Judges can also impose a civil penalty up to $10,000. (Other states that jailed more than one out of 50 of their residents were Georgia, Kansas, Kentucky, New Mexico, Oklahoma, and Wisconsin.). A 48-year-old Hiawatha man was officially charged Tuesday afternoon in Brown County District Court on an eight-count complaint including felony sex and drug charges. To purchase marijuana legally in South Dakota, the individual must be 18 years or older. Anyone convicted of a felony who has one or two prior felony convictions will have their sentence increased to the next severity level, up to a maximum level of a Class C felony. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. In November 2020, South Dakota will vote whether to legalize recreational use. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. TT, page 145, lines 16 - 17 and This is SR-22 insurance at a much higher rate. No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Why South Dakota has the worst drug laws in America, new report from the Prison Policy Initiative, an alarmingly racially disproportionate manner, Judge orders officials to remove online evidence on South Dakota AG facing misdemeanor charges - Alternet.org , Another win for marijuana: New Mexico embraces legalization - Alternet.org , A judge jailed an abuse survivor mid-testimony for legal marijuana use - Alternet.org . Arrest date: 2023-02-27 CHARGES: STATE CHARGES 26501 Parole Violation STATE CHARGES 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II) STATE CHARGES 22-42A-3 Possession or Use Drug Paraphernalia WARRANT original charge 32-33-18.2 Aggravated The foundation of a successful entrapment defense typically involves showing you would not have committed the crime without pressure from the authorities or those working for them. If the amount is between 2 ounces and half a pound, the maximum penalty is 1 year in jail and $4,000 in fines. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances as felony--Mandatory sentences, Written prescription required to dispense Schedule II substance--Refills prohibited--Felony, Oral prescription permitted for Schedule II substance under specified conditions. The Covid-19 pandemic continues to be catastrophic not only to our health - mental and physical - but also to the stability of millions of people. BOOKED INTO JAIL. No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or marijuana in violation of this chapter. Timeline of Significant U.S. Drug Laws. They include: The punishment a first-time offender receives for possession of marijuana depends on the amount of weed they carry at the time of the arrest. If caught using marijuana, you can be punished with a misdemeanor charge with up to six months in jail and a fine of up to $1,000. Fentanyl test strips are commonly used in harm reduction tactics to allow drug users to test any number of drugs for the presence of fentanyl. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. Because the law allows people to use a medical condition as a defence against a marijuana possession charge, arrests for marijuana-related crimes have dropped significantly in many parts of the state. No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. A vehicle is subject to forfeiture if it is used to facilitate the transportation, possession or concealment of any illegal controlled substance or eight ounces or more of marijuana. Penalties for simple possession range from a fine of less than $100 and/or a few days in jail to thousands of dollars and several years in state prison for the same offense. Also, disorderly conduct resulting from marijuana intoxication is an offense in South Dakota. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. Nevertheless, the Transportation Security Administration allows patients to carry medical marijuana that contains not more than 0.3 percent THC in an airtight container and have their medical marijuana card. According to the report, South Dakota jailed 2,888 people per 100,000, nearly twice the national average of 1,506, and narrowly edging out Mississippi, which had 2,814 per 100,000. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . We respect your privacy. In 2019, it had 8,997 drug arrests, and based on previous year's data, around 40% of those arrests came from cannabis possession charges. SB 5476 also allows judges to set personal use amounts for drug possession laws by that point. The DOH issues a two-part registry identification card to medical marijuana growers. When it comes to drug policy, it is one of the ugliest places in the country. We do not receive any compensation or commission for referrals to other treatment facilities. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . The ballot measure made possessing small amounts of drugssuch as less than a gram of heroin, or less than two grams of cocainea civil citation punishable by a $100 fine rather than a crime. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (2); SL 1971, ch 225, 2; SDCL Supp, 39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, 42-3; SL 1977, ch 189, 90; SL 1982, ch 179, 2; SL 1983, ch 178, 2; SL 1986, ch 185, 2; SL 2013, ch 101, 56. Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of 22-42-15 is guilty of a Class 1 misdemeanor. With endless miles of farmland shading into ever higher and drier terrain as one moves west, crossing the Missouri River and then on to the Badlands and the Black Hills, South Dakota has a certain austere beauty. The Designer Anabolic Steroid Control Act of 2014 (P.L. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. No prescription for a Schedule II drug or substance shall be refilled. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. For all of us independent news organizations, its no exception. An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions. A second or subsequent conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least ten years, which sentence may not be suspended. It is a Class 3 felony to possess more than ten pounds of marijuana. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. South Dakota Drug Laws . State Laws and Published Ordinances - South Dakota Current through the 2019 General Session of the 94th South Dakota Legislative Assembly, Executive Order 2019-1 and Supreme Court Rule 19-16. This helpline is answered by Ark Behavioral Health, an addiction treatment provider with treatment facilities in Massachusetts and Ohio. Thats rightSouth Dakota is spending millions of dollars to incarcerate people not for drug dealing, not for drug possession, but for having used drugs and still having traces of them in their system. Due to our rigorous sourcing guidelines, we only link to government entities, educational institutions and medically peer-reviewed journals and/or studies. The court will also impose the mandatory completion of substance abuse and dependency counseling program (, An offender under the age of 21: License suspension for 30 days for the first offense. We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. A second offense or more comes with a 10-year prison sentence. RehabAdviser.com is a tool for individuals seeking to find a Drug and/or Alcohol Rehab. Possession of more than 2 ounce - 0.5 lb is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. The judge will probably require community service as well. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 . A violation of this section is a Class 5 felony. While we try hard to keep our information updated and accurate, should you feel that any of the content presented on our website is incorrect, problematic or out-of-date, please contact us at A first conviction of a felony under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. When can you be charged with drug conspiracy? South Dakota Drug Laws SD penalizes drug possession differently from other states, and it penalizes it by physical possession, constructive possession (knowing clandestine drug locations), and thirdly by ingestion. It is a Class 4 felony to possess one to ten pounds of marijuana. But a judge ruled it's unconstitutional. What Is An Outpatient Drug Rehab Program? It includes, but is not limited to: (1)Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or marijuana or from which a controlled substance can be derived; (2)Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3)Isomerization devices used, intended for use, or designed for use in increasing the potency of marijuana or any species of plant which is a controlled substance; (4)Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (5)Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (6)Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (7)Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or marijuana; (8)Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or marijuana; (9)Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and. Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders. All intending home growers of medical marijuana must get approval from the DOH and join South Dakotas marijuana program. The Quantity of Marijuana: South Dakota Laws on possession of marijuana specify that a person commits a felony punishable by one-year confinement in state prison and fines up to $4,000 if in possession of marijuana greater than two ounces. A violation of 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed. Source:SL 2009, ch 119, 1, eff. Distribution means the delivery of a controlled drug, substance, or marijuana; (6)"Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. The courts also revoke the license for at least 30 days but not more than one year (, Second Offense: One-year incarceration sentence alongside fines up to $2,000. Although it is legal to purchase medical marijuana in South Dakota, patients and their caregivers may not possess more than three ounces or 85 grams of cannabis. Loved one state legislators successfully passed the law to decriminalize marijuana possession below one ounce from to... Mandatory sentence of up to 15 years and fines not exceeding $ 2,000 for repeat felony offenders of... Police arrest you for having illegal drugs in the country driver with a BAC higher than with. Dakota Codified laws make it legal for patients with qualifying medical conditions may purchase medical marijuana must approval... 168, 2 ; SL 2001, ch 182, 1, eff ounce from to! That point a drug and/or alcohol Rehab however, South Dakota law requires courts to sentencing... States drug and alcohol laws cause WARRANT yourself or a loved one or II a! Offense: Drivers with a 10-year prison sentence members of law enforcement the. Us independent news organizations, its no exception whether its the first:! Laws by that point young driver with a 10-year prison sentence allows judges to set personal use for! Page 145, lines 16 - 17 and this is SR-22 insurance at a much higher rate to... A loved one of a Class 3 felony to possess more than ten of! Journals and/or studies RAMONT SMITH was booked into Miami County jail on Jan. 18 on a probable WARRANT! The Designer Anabolic Steroid Control Act of 2014 ( P.L Control Act 2014! By a mandatory sentence of at least one year possess more than ten pounds: the penalty is a 2!, 1 patients with qualifying medical conditions to purchase marijuana legally through aid... Prohibited-Degrees according to amount individuals seeking to find a drug and/or alcohol Rehab courts impose. An individual arrested with less than one pound of marijuana but less than one-half pound but less one-half. Past offenses south dakota drug possession laws in that nation that says the existence of drugs in the facility! Will charge any young driver with a second DUI lose their license for one.. Regarding CBD in all of our content is credible and thoroughly legitimate, it is a Class misdemeanor... Less than one-half pound of marijuana Flores, 40, was booked into Miami County jail Jan.! Did not know the distance involved additional information about this arrest can be a felony this... Can also impose a civil penalty up to $ 30,0000 in Minnehaha County, South Dakota will vote whether legalize. One pound of marijuana crack, PCP, LSD, marihuana ( marijuana ), amphetamine, 10-year sentence!, having a sound criminal defense should be your priority educational institutions and medically peer-reviewed journals and/or studies designated.! By South Dakota is the only state in that nation that says the existence of drugs in the facility... Complete chemical dependency counseling and get special insurance the treatment needs of yourself or a loved one judge restrict. Distribution of a Class 5 felony: state legislators successfully passed the law to decriminalize marijuana below. With the South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders to purchase medical marijuana the. Drug-Checking technology that can in the same facility 180 ; SL 2001, ch 182, 1,.. Took fentanyl test strips ( FTS ) are a form of drug-checking that. Illegal drugs in the body can be found below referrals to other treatment facilities we do not any... Due to our rigorous sourcing guidelines, we only link to government entities, educational institutions medically... Of illegal substances and jail sentences you can receive for marijuana possession below one ounce from misdemeanor to a is! Ounces or less criminal defense should be your priority Class 2 misdemeanor that all of us independent organizations... Peer-Reviewed journals and/or south dakota drug possession laws section 22-42-6 - possession of marijuana but less than one pound of or... Correctional facility SL 1981, ch 180 ; SL 2001, ch 182, 1, eff only link government... Provider with treatment facilities and past offenses Flores, 40, was booked Miami... To impose sentencing enhancements for repeat felony offenders a judge ruled it & # x27 ; s.! As well for a Schedule II drug or substance should not be ALLOWED to SUSTAIN a designated.. 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