Office of the Attorney General 1302 E Hwy 14, Suite 1 Pierre, SD 57501-8501 Voice: (605) 773-3215 https://atg.sd.gov/ 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. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Proponents of the measures are hopeful that the changes. 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. 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. 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. Your knowledge of the law can play a critical role in overcoming the charges you face. 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.. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . 48 min ago. (21) "State," the State of South Dakota; (22) "Ultimate user," a person who lawfully possesses a controlled drug or substance for personal use or for the use of a member of the person's household or for administration to an animal owned by the person or by a member of the person's household; The measure required the Department of Revenue to adopt rules and regulations to implement the amendment including the issuance of licenses, health and safety requirements, and more. Revocation of the license for at least one year and mandatory completion of a court-approved chemical dependency program (, Third Offense: Up to two imprisonment and fines not exceeding $4,000. 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. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. No person may knowingly possess Salvia divinorum or salvinorin A. A violation of this section is a Class 5 felony. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. However, the law was revised immediately. 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 additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. Individuals can call the centers directly or call our Toll Free number for further assistance. We are here to provide assistance in locating an Ark Behavioral Health treatment center that may meet your treatment needs. South Dakota laws prohibit an individual from knowingly possessing marijuana in any quantities. - "Poynter" fonts provided by fontsempire.com. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. Final Notes on Buying CBD & Delta 8 THC in South Dakota. possession statute and its associated penalties, 21 U.S.C. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. Evidence meant for use in criminal proceedings often passes from hand to hand. Source:SL 1970, ch 229, 9 (k); SDCL, 39-17-83; SL 1977, ch 189, 80. 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. We are creating more felonies for the same conduct than our neighboring states. Law enforcement will charge any young driver with a BAC higher than .02 with DUI. of marijuana, you face felony charges that are punishable by 1 to 15 years in jail and fines ranging from $4,000 to $30,000, depending on the amount of the drug in your possession. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; create or distribute a counterfeit substance listed in Schedules I or II; or possess with intent to distribute a counterfeit substance listed in Schedules I or II. Legally, South Dakota enforces a .02 BAC for drivers aged 16 to 20. You could also be a lifelong resident. Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 . First-time offenders pay a fine up to $1,000. 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. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. 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 one pound or more of marijuana to a minor is a Class 2 felony. 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. 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 distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. A one-year jail time and a fine of up to $2,000. 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. Source:SL 1983, ch 180, 2; SL 1984, ch 172, 2. Either way, it makes sense to learn the states drug and alcohol laws. In January, Ohio took fentanyl test strips off its illegal drug paraphernalia list. 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. Conduct that endangers others is prohibited. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. 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. 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. When it comes to drug policy, it is one of the ugliest places in the country. Source:SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, 5. That law was. 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. A first offense means at least one year in a state penitentiary. Arrest date: 2023-02-27 CHARGES: STATE CHARGES 26501 Parole Violation STATE CHARGES 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II) STATE CHARGES 22-42A-3 Possession or Use Drug Paraphernalia WARRANT original charge 32-33-18.2 Aggravated This is SR-22 insurance at a much higher rate. Age-restricted persons with qualifying medical conditions may grow medical marijuana through a designated caregiver. The bill's provisions expire by July 1, 2023. 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. Punishments include at least a one-year drivers license suspension. . Cocaine is also considered a Schedule 1 drug in South Dakota. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section. Knowing the drug and alcohol laws in South Dakota is the first step. The state also requires a new driving, knowledge, and vision test. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . 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. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . 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. 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. 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. House Bill 234 is the best bill on this subject and the only one with a net positive rating. Unfortunately, this defense can be hard to prove. 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. Jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. 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. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. 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