Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. Drivers can face additional charges for refusing to take a blood or breath test. First offense: The first DUI offense is a Class 1 misdemeanor. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. They may also distribute one ounce or less of marijuana without payment or other consideration. Source:SL 1976, ch 158, 42-1; SL 1977, ch 189, 88; SL 1984, ch 239, 2; SL 1985, ch 185, 1; SL 1986, ch 306, 5; SL 2001, ch 116, 1. Source:SL 1970, ch 229, 10 (d) (6); SDCL Supp, 39-17-102; SL 1977, ch 189, 84. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. 48 min ago. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. Laws Section 22-42-5. They also need to complete chemical dependency counseling and get special insurance. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. A patient must cultivate their cannabis in the same facility. Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor. Possession Possession of two (2) ounces or less of marijuana is a 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. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. 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. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. If law enforcement officers didn't follow the law or protect your rights before, during or after your arrest, it may be possible to challenge some or all of the . They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. Medical patients could possess up to three ounces of marijuana at one time. Third offense: This is a Class 6 felony. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. (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. 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. We are here to provide assistance in locating an Ark Behavioral Health treatment center that may meet your treatment needs. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. 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 judge may restrict, suspend, or revoke the driving license privilege of the minor. No prescription for a Schedule II drug or substance shall be refilled. We need your support in this difficult time. Possession of more than 2 ounce - 0.5 lb is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000. 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. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. They can also spend up to one year in jail. 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. Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of 22-42-2 is the same as the punishment for violating 22-42-2. 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. However, other factors influence the severity of the penalty a person faces following a conviction for possession of marijuana. 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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. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body 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. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body. The courts may place the child in a residential treatment center or mandate a drug rehabilitation training and awareness program. Judges can also impose a civil penalty up to $10,000. 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. But a judge ruled it's unconstitutional. 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. A second offense or more comes with a 10-year prison sentence. 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 1 misdemeanor to possess two ounces of marijuana or less. . Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. Drivers with a second DUI in a year also need to show proof of financial responsibility. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (2); SL 1971, ch 225, 2; SDCL Supp, 39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, 42-3; SL 1977, ch 189, 90; SL 1982, ch 179, 2; SL 1983, ch 178, 2; SL 1986, ch 185, 2; SL 2013, ch 101, 56. 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. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . Fentanyl test strips (FTS) are a form of drug-checking technology that can . The state also requires a new driving, knowledge, and vision test. However, South Dakota law 22-42-2 prohibits the cultivation of marijuana for recreational use. Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders. Stay safe by learning laws and penalties related to alcohol and drug use. 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. We provide a list of treatment centers located within the United States that are JHACO or CARF accredited. 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. 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. He was awarded the Drug Policy Alliances Edwin M. Brecher Award for Excellence in Media in 2013. [9] Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. All intending home growers must include photography of their intended cultivation site with their application. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. Source:SL 1970, ch 229, 9 (k); SDCL Supp, 39-17-83; SL 1977, ch 189, 81. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. The State Government currently lists CBD as a Schedule IV drug. 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. In place of jail time, the courts can place the minor on probation at a supervised work program. Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana. 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 first offense means at least one year in a state penitentiary. (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. Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. Young adults will serve at the county jail. 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 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. A first offense is a Class 1 misdemeanor. and not in lieu of, any civil or administrative penalty or sanction authorized by law. Although research suggests that FTS could save lives and help spur positive decision-making around drug use, the technology is banned for use in most states. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM The Centers for Disease Control (CDC) states that South Dakota has a zero tolerance policy for all drivers under 21. Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. South Dakota has one of the strictest marijuana laws in the USA. Drug Possession Statute of Limitations In most cases the statute of limitations for drug charges is 3 years, after which an offender cannot be charged or convicted of the crime. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. Minors will most likely serve any jail time in juvenile detention. They will also vote on legalizing medical marijuana at that time. Anyone convicted of a felony who has one or two prior felony convictions will have their sentence increased to the next severity level, up to a maximum level of a Class C felony. 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. 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. However, the law was revised immediately. 113-260) expanded the definition of the term "anabolic . Last week, the South Dakota Supreme Court upheld the state's internal possession law. We respect your privacy. Mitigating circumstances--Departure from mandatory sentence. 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. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. That law was. Cocaine is also considered a Schedule 1 drug in South Dakota. 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. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. 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. 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