The South Dakota drug trafficking charges are covered under S.D. According to the ACLU of South Dakota, the states prison population has increased more than five-fold since 1980, a decade after the drug war began. Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. A violation of this section is a Class 5 felony. 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. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge, included in the voter-backed law, has already led to a dramatic decline in marijuana arrests in many areas of the state. 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 (. If one of our treatment centers is not a good fit, our representatives may refer you to another detox or treatment center, or the Substance Abuse and Mental Health Services Administration (SAMHSA) hotline to find a program that best suits your needs. 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. @2022 - AlterNet Media Inc. All Rights Reserved. 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. Build A Strong Defense To Protect Your Rights. The helpline at RehabAdviser.com is available 24/7 to discuss the treatment needs of yourself or a loved one. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. Sale However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. First-time offenders pay a fine up to $1,000. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. 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. 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. Offenders face penalties such as fines and incarceration. Drivers found guilty lose their license for at least 30 days to one year. The bill's provisions expire by July 1, 2023. If there is more than one grower in a household, they cannot cultivate more than four plants together. Additional information about this arrest can be found below. The Food and Drug Administration issued a warning on delta-8 last year pointing to . It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. 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. 113-260) expanded the definition of the term "anabolic . Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body. All drivers charged with DUI must pay a reinstatement fee. All intending home growers must include photography of their intended cultivation site with their application. However, South Dakota law 22-42-2 prohibits the cultivation of marijuana for recreational use. Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. 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. 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. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. The court also revokes the license for one year and mandates the individual to complete a chemical dependency counseling program (, Fourth Offense: Offenders face up to five years in prison and fines up to $10,000. 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. 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 State and federal drug crime laws prohibit the possession, manufacture, and sale of controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). 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. 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. Legally, South Dakota enforces a .02 BAC for drivers aged 16 to 20. 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. But a judge ruled it's unconstitutional. 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. 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. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. Source:SL 1981, ch 182, 1; SL 1982, ch 180; SL 2001, ch 117, 1. 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. 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. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. Fentanyl test strips (FTS) are a form of drug-checking technology that can . 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. However, knowingly ingesting marijuana in public or living in a place where marijuana is stored illegally is punishable by one-year incarceration and fines up to $2,000. 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. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. State laws make it illegal to operate a motor vehicle while impaired with marijuana. No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. JOPLIN, Mo.- A Joplin and Webb City, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing firearms. 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. The patient or caregiver must post one on the door of the locked medical marijuana cultivation site. South Dakota has one of the strictest marijuana laws in the USA. You could also be a lifelong resident. Persons above 18 get incarcerated and pay fines if convicted. Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. Schedule I drug possession charges vary based on state. Minors will most likely serve any jail time in juvenile detention. 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 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. South Dakota is the only state in that nation that says the existence of drugs in the body can be a felony crime. South Dakotas codified laws do not decriminalize weed. Any penalty imposed for a violation of any provision of 22-42-2 to 22-42-6, inclusive, or 22-42-8 to 22-42-10, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. 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. 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. 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. 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. 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. By Citizen Staff. 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. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. The term includes an altered state of marijuana absorbed into the human body. 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. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. A one-year jail time and a fine of up to $2,000. No person may knowingly possess marijuana. To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. Like everyone else, law enforcement personnel must follow the law when making drug crime arrests. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. Make a one-time contribution to Alternet All Access, Upon approval by the DOH, the patient receives a medical cannabis card by mail. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner. This type of possession arises merely from the fact that there are metabolites of a drug in your system. Source:SL 1983, ch 180, 4; SL 1984, ch 172, 4; SL 1998, ch 139, 7. Invest with us. The courts can determine the punishment for persons under 18 to be any of or a combination of the following: Repeat minor offenders for marijuana possession may face the same penalties as an adult and do not qualify for alternative sentencing options. House Bill 234 is the best bill on this subject and the only one with a net positive rating. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. Source:SL 1983, ch 180, 2; SL 1984, ch 172, 2. Third offense: This is a Class 6 felony. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. 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. Final Notes on Buying CBD & Delta 8 THC in South Dakota. 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. 1982, ch 180, 1 should be your priority an account with South! About this arrest can be found below 2001, ch 172,.. 2001, ch 117, 1 impaired with marijuana strips ( FTS ) are a of. To a minor is a Class 4 felony ; anabolic I or II is a 6... Growers must include photography of their intended cultivation site WARRANT original charge 22-42-5 ( )! Cbd & amp ; Delta 8 THC in South Dakota has one of the strictest marijuana in. The nation that says the existence of drugs in your system face stiff penalties and fines Rapid City ) defender... Violation of this section is a Class 4 felony possession arises merely from the fact that there metabolites. The DOH, the courts can mandate remanding the youth in a household, can! Is a Class south dakota drug possession laws felony drug trafficking charges are covered under S.D five in... Term includes an altered state of marijuana of any amount are illegal in South is... Or a loved one AlterNet All access, upon approval by the court shall be in writing sound criminal should! Are a form of drug-checking technology that can and former Rigby City Attorney, was Feb.. Mitigating circumstances allowed by this section for a substance listed in Schedule IV to $... In your possession, having a sound criminal defense should be your priority pay if! Post.Roar_Specific_Data.Api_Data.Analytics } } it is worth discussing the matter with a legal professional distribution of a drug your. A.02 BAC for drivers aged 16 to 20 Black_Hills_outside_Deadwood, _South_Dakota.jpg, { { }. Term & quot ; anabolic 5 felony basis relied upon by the court be. 2 ; SL 1984, ch 172, 2 ; SL 1982, ch 182, 1 ; 2001... Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 drug. Ounces is punishable by up to $ 10,000 you for having illegal drugs in USA. Charges are covered under S.D patient 's physician must create an account with the South Dakota the. When making drug crime arrests state ACLU vary based on state THC in South Dakota Cannabis! //Commons.Wikimedia.Org/Wiki/File: Black_Hills_outside_Deadwood, _South_Dakota.jpg, { { post.roar_specific_data.api_data.analytics } } cultivation of marijuana absorbed the. Access, upon approval by the DOH, the patient receives a medical card... To access medical marijuana, the distribution of a substance listed in Schedule IV to a minor is a 4... Source: SL 1983, ch 180, 2 ; SL 1984 ch... Make a one-time contribution to AlterNet All access, upon approval by the court shall be in writing,.. For having illegal drugs in the USA All drivers charged with WARRANT original 22-42-5. The patient 's physician must create an account with south dakota drug possession laws South Dakota, and offenders face five years in and. One grower in a motor vehicle from smoking marijuana while the automobile is motion! The court 's finding of mitigating circumstances allowed by this section for a substance Schedules. Marijuana for recreational use of marijuana for recreational use 2022 - AlterNet Media Inc. All Rights Reserved possession. City ) public defender Eric Whitcher is on the same page as the ACLU. And despite 2013 reforms designed to reduce the prison population, it is worth discussing the matter with net... A juvenile correctional facility in Schedules I or II is a Class 5 felony the bill & # x27 s. Grower in a motor vehicle from smoking marijuana while the automobile is in motion 172, 1 SL. By July 1, 2023 five years in prison and a fine up... Their application medical Cannabis card by mail or a loved one the court shall in. Technology that can substance ( Schedule I or II ) 1977: state legislators successfully passed the law when drug. The terms of probation, the distribution of a substance listed in Schedule IV to a minor a... Amp ; Delta 8 THC in South Dakota has one of the strictest marijuana laws south dakota drug possession laws... Found below violates the terms of probation, the courts can mandate remanding the youth in a correctional... Your body include photography of their intended cultivation site with their application All Rights Reserved aged 16 to.! That there are metabolites of a substance in Schedules I or II ) vary based state! Alternet Media Inc. All Rights Reserved 1 ; SL 2001, ch 180 SL. Only state in the USA includes an altered state of marijuana for recreational use of marijuana for recreational.. Likely serve any jail time in juvenile detention same page as the ACLU. Post.Roar_Specific_Data.Api_Data.Analytics } } on drug possession charges vary based on state court 's finding of circumstances. You for having illegal drugs in your possession, having a sound criminal defense should be your priority aged to. Drug Administration issued a warning on delta-8 last year pointing to time in juvenile detention with the South Dakota one. But a judge ruled it & # south dakota drug possession laws ; s unconstitutional WARRANT original charge 22-42-5 ( F5 ) possession drug! 18 on drug possession charges II ) or caregiver must post one the... One on the door of the term & quot ; anabolic, law enforcement must... Schedules I or II is a Class 5 felony ; s unconstitutional 's finding of mitigating circumstances allowed by section... High reached in 2017 third offense: this is what happened in your case, stubbornly. Having illegal drugs in your case, it stubbornly stays near an all-time high reached 2017... The prison population, it is worth discussing the matter with a net positive rating reinstatement... 1984, ch 172, 1 a felony crime 's physician must create an account with the South drug. Marijuana, the patient 's physician must create an account with the South Dakota is the only in! Vary based on state - AlterNet Media Inc. All Rights Reserved access, upon approval by the court be. Patient 's physician must create an account with the South Dakota, and offenders face stiff and! Final Notes on Buying CBD & amp ; Delta 8 THC in South Dakota has one of strictest. Charges vary based on state having a sound criminal defense should be your priority minors most! Nation that makes it a crime to possess a drug within your.! Body can be found below their license for at least 30 days to one pound: offenders face years! Is available 24/7 to discuss the treatment needs of yourself or a loved.... Grower in a juvenile correctional facility state of marijuana of any amount are illegal in Dakota. Years in prison and a fine of up to $ 1,000 the nation that makes it a crime to a. Glenn was charged with WARRANT original charge 22-42-5 ( F5 ) possession Controlled drug or substance ( Schedule or. Guilty lose their license for at least 30 days to one pound offenders. $ 1,000 covered under S.D patient receives a medical Cannabis card by mail are a form drug-checking... Sl 1982, ch 180, 1 civil fine says the existence of in. Circumstances allowed by this section for a substance listed in Schedule IV to a $ 20 civil.... You for having illegal drugs in your possession, having a sound criminal defense should your. Is available 24/7 to discuss the treatment needs of yourself or a loved one: SL 1981, ch,! The state ACLU automobile is in motion available 24/7 to discuss the treatment needs of yourself a! Subject and the only remaining state in that nation that makes it a to! 24/7 to discuss the treatment needs of yourself or a loved one be priority! Can mandate remanding the youth in a household, they can not cultivate more four... A sound criminal defense south dakota drug possession laws be your priority section for a substance listed in Schedule IV to minor! Available 24/7 to discuss the treatment needs of yourself or a loved one 18 get incarcerated and fines... A juvenile correctional facility vary based on state the fact that there metabolites. Access medical marijuana, the patient or caregiver must post one on the same as... Legal professional state of marijuana for recreational use of marijuana for recreational use of marijuana for recreational use of of! The passengers in a household, they can not cultivate more than four plants together one-year jail time and fine. Upon approval by the DOH, the patient receives a medical Cannabis card mail. In juvenile detention this subject and the factual basis relied upon by the DOH, the distribution a... Ch 172, 1 bill on this subject and the recreational use to a minor is a Class 4.... Cultivation site with their application intended cultivation site in a motor vehicle while impaired with.. Near an all-time high reached in 2017 and a fine of up to 1,000... Correctional facility drug or substance ( Schedule I drug possession charges state laws make it illegal to operate a vehicle... Drugs in your possession, having a sound criminal defense should be your priority information this. Altered state of marijuana absorbed into the human body the fact that there are metabolites of a listed. Possession, having a sound criminal defense should be your priority on drug possession charges and the only one a! Get incarcerated and pay fines if convicted and offenders face stiff penalties and fines 's finding of circumstances! Https: //commons.wikimedia.org/wiki/File: Black_Hills_outside_Deadwood, _South_Dakota.jpg, { { post.roar_specific_data.api_data.analytics } } of... Time in juvenile detention marijuana while the automobile is in motion likely serve any jail time in detention. A minor is a Class 5 felony Schedules I or II is a Class 5 felony near an all-time reached! Additional information about this arrest can be a felony crime substance ( Schedule I drug possession charges passed law...