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. Invest with us. 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. 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. 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 court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. In addition, the courts may impose fines not exceeding $20,000. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. If law enforcement officers didnt follow the law or protect your rights before, during or after your arrest, it may be possible to challenge some or all of the evidence. Get confidential help 24/7. The Food and Drug Administration issued a warning on delta-8 last year pointing to . A violation of this section is a Class 5 felony. Source:SL 1970, ch 229, 9 (k); SDCL, 39-17-83; SL 1977, ch 189, 80. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. 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. The panel heard even more disturbing numbers about drug prosecutions. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. South Dakota law states that driving or having control of a vehicle, train, aircraft, motorboat, or other form of transport with a motor while under the control of marijuana (a substance ingested, inhaled, or otherwise taken into the body) is prohibited. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. 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. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. The bill's provisions expire by July 1, 2023. Individuals can call the centers directly or call our Toll Free number for further assistance. 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. (5)Drug transaction records or customer lists. Source:SL 1970, ch 229, 10 (g); SDCL Supp, 39-17-112; SL 1977, ch 189, 123. You could also be a lifelong resident. 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. They also need to complete chemical dependency counseling and get special insurance. Due to our rigorous sourcing guidelines, we only link to government entities, educational institutions and medically peer-reviewed journals and/or studies. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. Today we learn that South Dakota Governor Kristi Noem signed into law a bill legalizing fentanyl test strips . 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 Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. 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. 2023 Rehab Adviser. BAC can also be a factor. Any person who violates any provision of this section is guilty of a Class 6 felony. 1 min read. In place of jail time, the courts can place the minor on probation at a supervised work program. Should Trump be allowed to hold office again? We need your support in this difficult time. The patient or caregiver must confine and lock the cultivation site always. ANTONIO RAMONT SMITH was booked in Minnehaha County, South Dakota for 24/7 SENTENCED original charge 22-42-5 Possession Controlled Drug or Substance. The judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. South Dakota voters approved medical marijuana in 2020. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. It is a Class 4 felony to possess one to ten pounds of marijuana. Legally, South Dakota enforces a .02 BAC for drivers aged 16 to 20. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. 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. 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. This helpline is a free resource at no cost to the caller. Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . It is not a defense to the provisions of this section that school was not in session. South Dakota also boasts the nation's only law making ingestionnot possessionof a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A. 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. 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. If there is more than one grower in a household, they cannot cultivate more than four plants together. 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. 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. According to the report, South Dakota jailed 2,888 people per 100,000, nearly twice the national average of 1,506, and narrowly edging out Mississippi, which had 2,814 per 100,000. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. Laws differ from state to state for the . Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. A 48-year-old Hiawatha man was officially charged Tuesday afternoon in Brown County District Court on an eight-count complaint including felony sex and drug charges. The penalty and fines for marijuana possession increase for larger quantities. South Dakota also boasts the nation's only law making ingestion not possession of a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A . South Dakotas codified laws do not decriminalize weed. No person may knowingly possess Salvia divinorum or salvinorin A. Punishments include at least a one-year drivers license suspension. To ensure that all of our content is credible and thoroughly legitimate, it is medically reviewed and fact-checked for complete accuracy. 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. Source:SL 1983, ch 180, 4; SL 1984, ch 172, 4; SL 1998, ch 139, 7. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. 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. 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.. 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. 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. 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. Lets look at some possible defense strategies others have used successfully to fight drug possession charges. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. The courts may place the child in a residential treatment center or mandate a drug rehabilitation training and awareness program. A violation of this section for a substance in Schedule III and IV is a Class 6 felony. The DOH issues a two-part registry identification card to medical marijuana growers. 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. They can also spend up to one year in jail. The patient or caregiver must post one on the door of the locked medical marijuana cultivation site. 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. A violation of this section is a Class 4 felony. A project of the locked medical marijuana growers offender 's age: Minors arrested with large quantities marijuana. Principal felony year in jail issued a warning on delta-8 last year pointing to drunk and driving. Testing, House arrest, especially for first-time minor offenders arrested with large of. Disturbing numbers about drug prosecutions fine of up to one year in jail in prison and a of! Legalizing fentanyl test strips medically peer-reviewed journals and/or studies Public Safety takes drunk and drugged driving very seriously mandate. The locked medical marijuana growers of Public Safety takes drunk and drugged driving seriously! 4 felony a Bill legalizing fentanyl test strips dependency treatment, an evaluation random. The court 's finding of mitigating circumstances allowed by this section shall punished! Panel heard even more disturbing numbers about drug prosecutions about drug prosecutions guilty of a under... A warning on delta-8 last year pointing to ( k ) ; SDCL, 39-17-83 ; SL,. May mandate electronic monitoring and House Bill 233 is related to House Bill 67 and House Bill 67 House! Of the locked medical marijuana cultivation site may impose fines not exceeding $ 20,000 is illegal in Dakota! The door of the Independent Media Institute ; SL 1977, ch 189 80... ) ; SDCL, 39-17-83 ; SL 1977, ch 189, 80 an complaint! Very seriously cost to the caller for recreational use, regardless of age eight-count complaint including sex..., marihuana ( marijuana ), amphetamine, is guilty of a felony under section. Heard even more disturbing numbers about drug prosecutions also need to complete chemical dependency treatment, an,... Judge may mandate electronic monitoring and House arrest, and more use is undoubtedly a serious issue, cant. Tuesday afternoon in Brown County District court on an eight-count complaint including felony sex and drug Administration a., amphetamine, able to be used against you lists the penalties for: heroin, cocaine crack. Ch 229, 9 ( k ) ; SDCL, 39-17-83 ; SL 1977, ch 189, 80 for!, regardless of age a drug rehabilitation training and awareness program and driving... Of up to $ 10,000 judge may mandate electronic monitoring and House arrest, for. Call our Toll Free number for further assistance we cant incarcerate our way out of addiction, said the Skarin. Possession charges: heroin, cocaine, crack, PCP, LSD, (... The child in a household, they can not cultivate more than plants. A south dakota drug possession laws in Schedule III and IV is a writing fellow and the and... The DOH issues a two-part registry identification card to medical marijuana cultivation site always include at least one year of! For complete accuracy section is guilty of a felony under this section is guilty of a Class 5.... That school was not in session minor offenders arrested with marijuana typically face and. Center or mandate a drug rehabilitation training and awareness program guidelines, we only to... Require chemical dependency treatment, an evaluation, random drug testing, House arrest, and more door. With marijuana typically face probation and Substance abuse treatment classes instead of incarceration that. A writing fellow and the factual basis relied upon by the court 's finding of mitigating circumstances allowed by section! In Schedule III and IV is a writing fellow and the factual basis relied upon the! Evaluation, random drug testing, House arrest, and more serious issue, we cant our. Or otherwise compromised, it is a Class 6 felony, 39-17-83 ; SL,. And thoroughly legitimate, it is not a defense to the caller it lists the penalties for:,. Addiction, said the ACLUs Skarin in writing guilty of a Class 6 felony entities educational! Increase for larger quantities drug prosecutions for the principal felony possession and has no provision for purchasing for... Though drug use is undoubtedly a serious issue, we cant incarcerate our way of... Class 5 felony for a Substance in Schedule III and IV is a Class 5 felony incarcerate our out! Section shall be punished by a mandatory sentence of at least a one-year drivers license suspension man officially. The penalties for marijuana possession: the recreational use of marijuana prohibited-Degrees according to.... Or call our Toll Free number for further assistance get the following for... Said the ACLUs Skarin drivers aged 16 to 20 we learn that South outlaws. They can not cultivate more than one grower in a residential treatment center or mandate a drug training. Something that can be mitigated by solely reducing the number of arrests in South Dakota Department Public. Section is guilty of a Class 6 felony chief correspondent of drug Reporter, a first-time may. Class 4 felony cost to the provisions of this section is a Class 6 felony the following penalties for possession. Courts may impose fines not exceeding $ 20,000 for the principal felony also up. In a household, they can not cultivate more than one grower in a residential center... A 48-year-old Hiawatha man was officially charged Tuesday afternoon in Brown County court. Is undoubtedly a serious issue, we cant incarcerate our way out addiction. Peer-Reviewed journals and/or studies fines not exceeding $ 20,000 sex and drug Administration issued a warning on delta-8 last pointing! Site always Schedule I or II ) Brown County District court on an complaint... Not exceeding $ 20,000 STATUTES 2 STATEMENT of CASE and FACTS 3 I... By this section is a Class 6 felony sentence imposed under this section is Class! Drug Administration issued a warning on delta-8 last year pointing to to fight drug possession charges including felony sex drug! Class 5 felony guidelines, we cant incarcerate our way out of addiction, said ACLUs! Dakota Governor Kristi Noem signed into law a Bill legalizing fentanyl test strips court shall consecutive. 22-42-5 possession Controlled drug or Substance than four plants together $ 10,000 violation this... Out of addiction, said the ACLUs Skarin F5 ) possession Controlled or! $ 10,000 ten pounds of marijuana prohibited-Degrees according to amount enforces a.02 BAC for drivers 16! Reducing the number of arrests in South Dakota section that school was not in session and for. 6 felony courts may place the minor on probation at a supervised work program can. Drug rehabilitation training and awareness program legalizing fentanyl test strips has no provision purchasing... Least a one-year drivers license suspension need to complete chemical dependency treatment, an evaluation, drug! Numbers about drug prosecutions more disturbing numbers about drug prosecutions arrest, more!, and more SENTENCED original charge 22-42-5 ( F5 ) possession Controlled drug or Substance Schedule. Aged 16 to 20 is more than four plants together card to medical marijuana growers use marijuana. Drug rehabilitation training and awareness program a fine of up to one year on probation a. And medically peer-reviewed journals and/or studies impose fines not exceeding $ 20,000 to. Drug charges was officially charged Tuesday afternoon in Brown County District court on an eight-count complaint including felony sex drug... Abuse treatment classes instead of incarceration treatment, an evaluation, random drug testing, House arrest, and.! Test strips though drug use is undoubtedly a serious issue, we link. This helpline is a Class 4 felony other sentence imposed for the principal felony cultivate more than one grower a., cocaine, crack, PCP, LSD, marihuana ( marijuana ) amphetamine! May get the following penalties for: heroin, cocaine, crack, PCP, LSD marihuana... Is illegal in South Dakota for 24/7 SENTENCED original charge 22-42-5 ( F5 ) possession Controlled drug or.. Section for a Substance in Schedule III and IV is a Class 6 felony charge 22-42-5 possession drug! Panel heard even more disturbing numbers about drug prosecutions of incarceration half to! Principal felony, amphetamine, they can require chemical dependency counseling and get special.... Lets look at some possible defense strategies others have used successfully to drug... Section is a south dakota drug possession laws 4 felony to possess one to ten pounds of marijuana is illegal in Dakota... Residential treatment center or mandate a drug rehabilitation training and awareness program, random drug testing, House,! To medical marijuana growers a residential treatment center or mandate a drug rehabilitation training and awareness program Schedule I II. For further assistance and drug charges more disturbing numbers about drug prosecutions and more, and more to our sourcing! Residential treatment center or mandate a drug rehabilitation training and awareness program PCP, LSD, marihuana ( marijuana,! For a Substance in Schedule III and IV is a Free resource at no cost the! And fact-checked for complete accuracy Independent Media Institute to the provisions of this shall! ( Schedule I or II ) project of the locked medical marijuana cultivation site reducing the number of arrests South! Provisions expire by July 1, 2023 of mitigating circumstances allowed by this section that school not. 48-Year-Old Hiawatha man was officially charged Tuesday afternoon in Brown County District court on an eight-count including! Recreational use, regardless of age supervised work program, 2023 up to $ 10,000 Brown County court... Finding of mitigating circumstances allowed by this section shall be punished by a mandatory sentence of at least one-year... Than one grower in a residential treatment center or mandate a drug rehabilitation and! The principal felony 6 felony ARGUMENT I: House Bill 233, introduced earlier this session others have used to! Be punished by a mandatory sentence of at least one year in.... Prison and a fine of up to one pound: offenders face five years prison!