Any person who violates any provision of this section is guilty of a Class 6 felony. 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. 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. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. The panel heard even more disturbing numbers about drug prosecutions. 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. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. Maybe the illegal substance belonged to someone else. In addition, the courts may impose fines not exceeding $20,000. Can you face assault charges when no one got hurt? 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. He was awarded the Drug Policy Alliances Edwin M. Brecher Award for Excellence in Media in 2013. Your knowledge of the law can play a critical role in overcoming the charges you face. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. South Dakota also boasts the nation's only law making ingestionnot possessionof a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A. South Dakota drug possession law is set up so that a person needs only to fail a drug test in order to be charged with possession of marijuana, a Class I misdemeanor punishable by up. 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. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. The term includes an altered state of a drug or substance listed in Schedules I through IV absorbed into the human body; (2)"Counterfeit substance," a controlled drug or substance which, or the container of labeling of which, without authorization, bears the trade-mark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser; (3)"Deliver" or "delivery," the actual or constructive transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship; (4)"Dispense," to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses; (5)"Distribute," to deliver a controlled drug, substance, or marijuana. 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. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The state classifies drugs by schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and other aggravating circumstances. 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. Source:SL 1970, ch 229, 10 (g); SDCL Supp, 39-17-112; SL 1977, ch 189, 123. 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. No person may knowingly possess Salvia divinorum or salvinorin A. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. 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. Weve always understood the importance of calling out corruption, regardless of political affiliation. This includes: Not knowing the law in South Dakota is no excuse for breaking it. In addition, any and all forms of hashish are considered controlled substances in South Dakota and subject to felony penalties. The sentencing court may impose a sentence other than that which is required by 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by 22-42-2. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. Only patients or caregivers 21 years or older may cultivate medical marijuana. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES You could also be a lifelong resident. Either way, it makes sense to learn the states drug and alcohol laws. Judges cannot suspend this sentence. A nationwide push to relax drug laws scored significant victories on Tuesday as four states voted to legalize marijuana, and Oregon became the first state to decriminalize the possession of small . The judge may restrict, suspend, or revoke the driving license privilege of the minor. South Dakota Drug Laws . Instead of jail time, those found in possession of drugs will have the option to either pay a $100 fine, or sign up for addiction services. This helpline is answered by Ark Behavioral Health, an addiction treatment provider with treatment facilities in Massachusetts and Ohio. Drivers can face additional charges for refusing to take a blood or breath test. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. According to court records, 49 . It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable. As the ACLU noted, This increase was driven almost entirely by a rise in the number of people whose most serious offense was unauthorized ingestion of a controlled substance.. 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. 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 . Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. State Drug Possession Laws State Marijuana Laws Those convicted on drug possession charges face a wide gamut of penalties at sentencing, varying from state to state. They may also distribute one ounce or less of marijuana without payment or other consideration. 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. They will also vote on legalizing medical marijuana at that time. 48 min ago. 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. 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. Cocaine is also considered a Schedule 1 drug in South Dakota. Source: SL 1970, ch 229, 10 (g); SDCL Supp . It is a Class 3 felony to possess more than ten pounds of marijuana. The Designer Anabolic Steroid Control Act of 2014 (P.L. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. Cod. The past year has been the most arduous of our lives. Weve covered everything thrown at us this past year and will continue to do so with your support. 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. They can also spend up to one year in jail. We need your support in this difficult time. 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Age-restricted persons with qualifying medical conditions may grow medical marijuana through a designated caregiver. Second offense: Drivers with a second DUI lose their license for one year. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SL 1974, ch 269; SDCL Supp, 39-17-95, 39-17-96; SL 1976, ch 158, 42-6; SL 1977, ch 189, 92; SL 1978, ch 158, 16; SL 1983, ch 179; SL 1985, ch 187; SL 1986, ch 185, 4; SL 1990, ch 166; SL 1998, ch 139, 2. South Dakota also boasts the nation's only law making ingestion not possession of a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A . 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. The bill's provisions expire by July 1, 2023. A Detroit man allegedly caught with methamphetamine and marijuana in Clear Lake last month has pleaded not guilty, and a jury trial has been scheduled for April 25. Laws Section 22-42-5. Source:SL 1970, ch 229, 10 (d) (6); SDCL Supp, 39-17-102; SL 1977, ch 189, 84. If you feel youre in danger of addiction, get help now to prevent future health and legal problems. 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. Two ounces but less than half a pound: First-time offenders get two years confinement at the state prison and a fine of up to $4,000. Fentanyl test strips, or FTS, are a drug checking technology that can test drugs for the presence of fentanyl. 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