The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. 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. 1931: South Dakota outlaws marijuana use, in line with moves all over the US to ban cannabis. It is not an offense to be high in public. A patient must cultivate their cannabis in the same facility. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. No person may knowingly possess marijuana. Schedule I drug possession charges vary based on state. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. drug supply and drug demand related laws. Notwithstanding 22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that: (1)Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user; (2)No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. By Citizen Staff. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . 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. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. We do not receive any compensation or commission for referrals to other treatment facilities. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body Possession by ingestion can potentially result in misdemeanor or felony charges depending on the type of drug or controlled substance alleged to be within your body. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. The judge may restrict, suspend, or revoke the driving license privilege of the minor. 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. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. The Marijuana Policy Project states that South Dakota has some of the harshest penalties in the nation. 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. 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. South Dakota voters approved medical marijuana in 2020. 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.. 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 violation of this section for a substance in Schedules I or II is a Class 5 felony. However, these penalties are more stringent for adults. Drivers found guilty lose their license for at least 30 days to one year. Like everyone else, law enforcement personnel must follow the law when making drug crime arrests. This is not something that can be mitigated by solely reducing the number of arrests 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. South Dakota has a long, long way to go to get on the right side of drug policy, and no natural beauty can hide that. 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. The Centers for Disease Control (CDC) states that South Dakota has a zero tolerance policy for all drivers under 21. Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. 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. 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. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. Only patients or caregivers 21 years or older may cultivate medical marijuana. If there is more than one grower in a household, they cannot cultivate more than four plants together. According to court records, 49 . Source:SL 1970, ch 229, 10 (d) (7); SDCL Supp, 39-17-103; SL 1977, ch 189, 119; SL 1978, ch 158, 17; SL 1995, ch 125. Punishments include at least a one-year drivers license suspension. 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. 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. It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. To find a treatment program, browse the top-rated addiction treatment facilities in each state by visiting our homepage, or by viewing the SAMHSA Treatment Services Locator. Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 . The third type of possession is possession by ingestion . 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. 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. 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. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused. Additional information about this arrest can be found below. possession statute and its associated penalties, 21 U.S.C. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. The Designer Anabolic Steroid Control Act of 2014 (P.L. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. If they make errors that infringe on your rights, that can affect the validity of the case against you. 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. Fentanyl test strips (FTS) are a form of drug-checking technology that can . And now, a new report from the Prison Policy Initiative finds that South Dakota jails more people per capita than any other state, that almost half of all arrests are drug or alcohol related, compared to just 29 percent nationally, and that people of colorin this case, primarily Native Americansare disproportionately arrested at a rate far above the national average. 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. It is a Class 3 felony to possess more than ten pounds of marijuana. Dropping ingestion from a felony to a misdemeanor would be a step in the right direction, but its an awfully small step. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. 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. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice A violation of this section is a Class 4 felony. RehabAdviser.com is a tool for individuals seeking to find a Drug and/or Alcohol Rehab. 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. 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. 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. This includes both medical and recreational use. 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. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. The bill reclassifies low-level drug offenses from felonies to misdemeanors, and the Alliance for Safety and Justice says it could save Ohio taxpayers up to $75 million a year with 2,700 fewer people in prison. An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. 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. 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. The penalty and fines for marijuana possession increase for larger quantities. 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 We need your support in this difficult time. In place of jail time, the courts can place the minor on probation at a supervised work program. Final Notes on Buying CBD & Delta 8 THC in South Dakota. 2023 Kolbeck Law Office All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Drug possession defenses to consider in South Dakota. (1)"Playground," any outdoor facility, including any appurtenant parking lot, intended for recreation, open to the public, any portion of which contains apparatus intended for the recreation of children such as slides, swing sets, and teeterboards; (2)"Video arcade facility," any facility legally accessible to persons under eighteen years of age, which provides for the use of pinball and video machines for amusement and which contains one or more such machines; and. 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. Possession of larger amounts is a felony. 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. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body. 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. No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. (10)Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: (a)Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (e)Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (f)Miniature cocaine spoons and cocaine vials; In determining whether an object is drug paraphernalia as defined in 22-42A-1, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1)Statements by an owner or by anyone in control of the object concerning its use; (2)The proximity of the object, in time and space, to a direct violation of this article; (3)The proximity of the object to controlled substances or marijuana; (4)The existence of any residue of controlled substances or marijuana on the object; (5)Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article; (6)Instructions, oral or written, provided with the object concerning its use; (7)Descriptive materials accompanying the object which explain or depict its use; (8)National and local advertising concerning its use; (9)The manner in which the object is displayed for sale; (10)Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community; (11)Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (12)The existence and scope of legitimate uses for the object in the community; and. Maybe youre planning a trip to South Dakota to visit Wall Drug and Mount Rushmore. And its doing so in an alarmingly racially disproportionate manner. 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. This helpline is a free resource at no cost to the caller. 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. Weve covered everything thrown at us this past year and will continue to do so with your support. 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. A violation of this section is a Class 5 felony. However, South Dakota law 22-42-2 prohibits the cultivation of marijuana for recreational use. The Food and Drug Administration issued a warning on delta-8 last year pointing to . 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. 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. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES The law was passed in 2001 and upheld by the state Supreme Court in 2004. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. 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 (. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. 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. Although CBD is legal to produce, possess, and consume under federal law, you'll need to be extra cautious in South Dakota. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. 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. With moves all over the US to ban cannabis Class 4 felony US this past year and will continue do! Can mandate remanding the youth in a juvenile correctional facility said the ACLUs.. Awfully small step in South Dakota Codified laws make it legal for patients with medical. County jail on Jan. 18 on a warrant arrest year pointing to of. 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