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. 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. 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. Section 22-42-8 - Obtaining possession of controlled substance by theft . 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 Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. 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. 1931: South Dakota outlaws marijuana use, in line with moves all over the US to ban cannabis. 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. 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. Rating: +2. Drug possession defenses to consider in South Dakota. 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. You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. Evidence meant for use in criminal proceedings often passes from hand to hand. 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.. Punishments include at least a one-year drivers license suspension. or click here to become a subscriber. 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. Offenders face penalties such as fines and incarceration. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. 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. These numbers are largely attributable to drug prosecutions, with nearly one in three prisoners doing time for drugs in 2019, up from one in four in 2014. A violation of this section for a substance in Schedules I or II is a Class 5 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. 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. Zero or up to four plants, depending on the growers status. And its doing so in an alarmingly racially disproportionate manner. They will also vote on legalizing medical marijuana at that time. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. 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. 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. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . Second offense: Drivers with a second DUI lose their license for one year. All drivers charged with DUI must pay a reinstatement fee. 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. Possession of larger amounts is a felony. Persons with qualifying medical conditions may encounter the following restrictions in cultivating their medical marijuana, including: It is illegal to travel by air out of South Dakota with marijuana, as federal laws governing airspace make it unlawful to possess marijuana of any amount while taking a flight. 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. The DOH issues a two-part registry identification card to medical marijuana growers. No prescription for a Schedule II drug or substance shall be refilled. 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. Effective July 1, 2017, SD law requires the following prescriber roles with a South Dakota Controlled Substance Registration (SD CSR) to register with the South Dakota Prescription Drug Monitoring Program (SD PDMP): MD, DO, DMD/DDS, OD, DPM, PA, CNP, CNM, and CRNA. To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. South Dakota currently doesnt permit any use of marijuana. Medical patients could possess up to three ounces of marijuana at one time. 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. Milan Alexander, 42, who maintains residences in both Joplin and Webb City, was charged in a four-count indictment returned by a federal grand jury in . Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. 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. Drivers in South Dakota are impaired if their blood alcohol level (BAC) is above .08. Drivers can face additional charges for refusing to take a blood or breath test. South Dakota voters said yes to legalizing marijuana. 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. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. 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. 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. For all of us independent news organizations, its no exception. The Centers for Disease Control (CDC) states that South Dakota has a zero tolerance policy for all drivers under 21. 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. 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. Source: SL 1970, ch 229, 10 (g); SDCL Supp . An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. (13)Expert testimony concerning its use. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. 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. 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. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (1); SL 1971, ch 225, 1; SDCL Supp, 39-17-88 to 39-17-90; SL 1976, ch 158, 42-2; SL 1977, ch 189, 89; SL 1982, ch 179, 1; SL 1983, ch 178, 1; SL 1986, ch 185, 1; SL 1989, ch 201, 1; SL 2013, ch 101, 55. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions. It is not a defense to the provisions of this section that the defendant did not know the distance involved. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. Late 1800s - Due to opiate abuse, local governments begin to outlaw opium. Source:SL 1970, ch 229, 9 (1); SL 1971, ch 224, 3; SDCL Supp, 39-17-84, 39-17-85; SL 1974, ch 268, 1; SL 1977, ch 189, 82. South Dakota voters approved medical marijuana in 2020. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (1); SL 1971, ch 225, 1; SDCL Supp, 39-17-88 to 39-17-90; SL 1976, ch 158, 42-7; SL 1977, ch 189, 93; SL 1982, ch 179, 4; SL 1984, ch 171; SL 1986, ch 185, 5; SL 1998, ch 139, 3; SL 2003, ch 129, 1; SL 2008, ch 112, 1. 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. A violation of this section is a Class 5 felony. . South Dakota is the only state in that nation that says the existence of drugs in the body can be a felony crime. While 10 other states have ingestion laws on the books, none of them makes it a felony. Sale 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 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. 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