south dakota drug possession laws

A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. However, a violation of this section is a Class 3 felony if the person is in possession of three or more of the following: (1)Three hundred dollars or more in cash; (2)A firearm or other weapon pursuant to 22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8); (3)Bulk materials used for the packaging of controlled substances; (4)Materials used to manufacture a controlled substance including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. It is not a defense to the provisions of this section that school was not in session. 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. No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia 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 any controlled substance or marijuana in violation of this chapter. 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. This article was produced by Drug Reporter, a project of the Independent Media Institute. 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. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony. 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. Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony. This is SR-22 insurance at a much higher rate. 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. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony. (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. Weve covered everything thrown at us this past year and will continue to do so with your support. 113-260) expanded the definition of the term "anabolic . Any additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. However, they may not induce or force you into criminal activity. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage Monroe County Sheriff's Office deputies made multiple drug-related arrests in the past several days including a man training to be a law enforcement officer. While 10 other states have ingestion laws on the books, none of them makes it a felony. 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. Final Notes on Buying CBD & Delta 8 THC in South Dakota. Medical patients could possess up to three ounces of marijuana at one time. In January, Ohio took fentanyl test strips off its illegal drug paraphernalia list. Cocaine is also considered a Schedule 1 drug in South Dakota. Furthermore, the court revokes the driver's license for at least two years and mandates the individual to complete a rehabilitation counseling program approved by the court (, Fifth and Subsequent Offense: Suspension of license for not less than three years, fines not exceeding $20,000, and jail time of up to 10 years. In a press release last month, the state ACLU reported that its just as bad in the states jails, with Native Americans making up roughly half of all jail admissions and accounting for the majority of all drug- and alcohol-related arrests in the state. If the amount is between 2 ounces and half a pound, the maximum penalty is 1 year in jail and $4,000 in fines. You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. 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. Any person who commits a violation of 22-42-2, 22-42-3, or 22-42-4, or a felony violation of 22-42-7, if such activity has taken place: (1)In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; or. Judges can also impose a civil penalty up to $10,000. The enormous amount of money South Dakota spends on jailing people for drug-related offenses is disproportionate and causes more harm than good to individuals struggling with addiction, their families and their communities., It is for this reason that the ACLU says it is supporting initiatives such as reclassifying ingestion as a misdemeanor., Skarin explained, Reclassifying ingestion as a misdemeanor and investing the resulting savings of state funds in diversion and treatment programs designed to combat addiction would go a long way in helping to solve the underlying problems leading to drug abuse.. Banning the products would create an additional burden for law enforcement in the state. Therefore, it is an offense for any individual to buy weed for recreational use in South Dakota. They will also vote on legalizing medical marijuana at that time. Punishments include at least a one-year drivers license suspension. Any person who violates any provision of 22-42-2.1, 22-42-4.1, 22-42-4.2, and 22-42-10, is punishable by a civil fine of not more than ten thousand dollars. The term, drug paraphernalia, means any equipment, products, and materials of any kind which are primarily used, intended for use, or designed for use by the person in possession of them, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance or marijuana in violation of the provisions of this chapter. Drug Possession Cases Possession is such a common charge that there are simply too many notable possession cases to list. The Marijuana Policy Project states that South Dakota has some of the harshest penalties in the nation. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. This type of possession arises merely from the fact that there are metabolites of a drug in your system. South Dakota voters approved medical marijuana in 2020. Should Trump be allowed to hold office again? Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. 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. Today we learn that South Dakota Governor Kristi Noem signed into law a bill legalizing fentanyl test strips . Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. It is a Class 3 felony to possess more than ten pounds of marijuana. Drug Asset Civil Forfeiture. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant; (8)"Practitioner," a doctor of medicine, osteopathy, podiatry, dentistry, optometry, or veterinary medicine licensed to practice his profession, or pharmacists licensed to practice their profession; physician's assistants certified to practice their profession; government employees acting within the scope of their employment; and persons permitted by certificates issued by the Department of Health to distribute, dispense, conduct research with respect to, or administer a substance controlled by chapter 34-20B; (9)"Precursor" or "immediate precursor," a substance which the Department of Health has found to be and by rule designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture; (10)"Schedule I," "Schedule II," "Schedule III," and "Schedule IV," those schedules of drugs, substances, and immediate precursors listed in chapter 34-20B; (11)"Ultimate user," a person who lawfully possesses a controlled drug or substance for that person's own use or for the use of a member of that person's household or for administration to an animal owned by that person or by a member of that person's household. Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony. Third offense: This is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. Schedule I drug possession charges vary based on state. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor. @2022 - AlterNet Media Inc. All Rights Reserved. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. We are creating more felonies for the same conduct than our neighboring states. House Bill 234 is the best bill on this subject and the only one with a net positive rating. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . Your knowledge of the law can play a critical role in overcoming the charges you face. A second offense or more comes with a 10-year prison sentence. There were 2,104 people convicted of drug possession statewide so far this year, a more than four-fold increase from 2009, even though drug use levels have remained relatively stable over that period. Can you face assault charges when no one got hurt? Any person who violates this section is guilty of a Class 6 felony. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SDCL Supp, 39-17-95; SL 1976, ch 158, 42-5; SL 1985, ch 186; SL 1998, ch 139, 1; SL 2013, ch 101, 58. TT, page 145, lines 16 - 17 and 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. The patient or caregiver must post one on the door of the locked medical marijuana cultivation site. When can you be charged with drug conspiracy? Is a lack of serious injuries a defense to assault charges? State and federal drug crime laws prohibit the possession, manufacture, and sale of controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. of marijuana, you face felony charges that are punishable by 1 to 15 years in jail and fines ranging from $4,000 to $30,000, depending on the amount of the drug in your possession. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be suspended. 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 By Citizen Staff. 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. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. Amendment A required the South Dakota State Legislature to pass laws providing for a program for medical marijuana and the sale of hemp by April 1, 2022. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. This includes: Not knowing the law in South Dakota is no excuse for breaking it. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. They may also distribute one ounce or less of marijuana without payment or other consideration. It is a misdemeanor in South Dakota to possess small amounts of marijuana for personal use. Young adults will serve at the county jail. The panel heard even more disturbing numbers about drug prosecutions. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES (13)Expert testimony concerning its use. 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