Any person who violates any provision of this section is guilty of a Class 6 felony. 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 . However, the law was revised immediately. 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. Second offense: Drivers with a second DUI lose their license for one year. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. The staunchly conservative state holds the dubious distinction of being the only state to twice defeat a medical marijuana initiative (although activists are giving it another shot this year, and a more wishful legalization initiative, too). 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. Drug Possession Cases Possession is such a common charge that there are simply too many notable possession cases to list. 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. (13)Expert testimony concerning its use. 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. Your knowledge of the law can play a critical role in overcoming the charges you face. Source:SL 1970, ch 229, 10 (e) (3); SDCL Supp, 39-17-106; SL 1977, ch 189, 85; SL 1984, ch 239, 3; SL 1990, ch 167; SL 1998, ch 139, 4. Source:SL 1981, ch 182, 1; SL 1982, ch 180; SL 2001, ch 117, 1. A violation of this section for a substance in Schedules I or II is a Class 5 felony. 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. According to court records, 49 . A violation of this section is a Class 5 felony. One or two prior felony convictions. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. Medical patients could possess up to three ounces of marijuana at one time. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . Possession of larger amounts is a felony. Initiated Measure 27 legalizes the possession, use, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. South Dakotas codified laws stipulate that patients in the medical marijuana program may grow not more than two flowering cannabis plants and two non-flowering cannabis plants at home. 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. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. TT, page 145, lines 16 - 17 and The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. And it is being sued by the state ACLU over the forced drug testing of toddlers and arrestees alike. It is a Class 3 felony to possess more than ten pounds of marijuana. Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony. 1931: South Dakota outlaws marijuana use, in line with moves all over the US to ban cannabis. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. By Citizen Staff. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. Judges can also impose a civil penalty up to $10,000. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. 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. Third offense: This is a Class 6 felony. The state classifies drugs by schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and other aggravating circumstances. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. Thank you. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least one year, which sentence may not be suspended. (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 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. In a press release last month, the state ACLU reported that its just as bad in the states jails, with Native Americans making up roughly half of all jail admissions and accounting for the majority of all drug- and alcohol-related arrests in the state. Judges cannot suspend this sentence. 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. 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. It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. This is SR-22 insurance at a much higher rate. 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. [9] And its doing so in an alarmingly racially disproportionate manner. 100% confidential. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage 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. 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. The bill's provisions expire by July 1, 2023. 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. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. 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. 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. A first conviction 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 first offense is a Class 1 misdemeanor. It is a Class 4 felony to possess one to ten pounds of marijuana. 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. Fentanyl test strips, or FTS, are a drug checking technology that can test drugs for the presence of fentanyl. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Late 1800s - Due to opiate abuse, local governments begin to outlaw opium. Dropping ingestion from a felony to a misdemeanor would be a step in the right direction, but its an awfully small step. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. 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 helpline at RehabAdviser.com is available 24/7 to discuss the treatment needs of yourself or a loved one. . 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. 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. 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. The South Dakota drug trafficking charges are covered under S.D. Offenders face penalties such as fines and incarceration. In South Dakota, that law was implemented in 2001 and it not only makes it illegal to have marijuana - or any drug - in your system, but it is also a felony offense. 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. Jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota. A nationwide push to relax drug laws scored significant victories on Tuesday as four states voted to legalize marijuana, and Oregon became the first state to decriminalize the possession of small . 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. Invest with us. Is a lack of serious injuries a defense to assault charges? 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. RehabAdviser.com is a tool for individuals seeking to find a Drug and/or Alcohol Rehab. 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 They may also distribute one ounce or less of marijuana without payment or other consideration. 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 violation of 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed. 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. The group includes legislators, law enforcement, court administrators, the South Dakota attorney general and the secretary of the Department of Corrections, but not public health officials or actual drug users. Judges cannot suspend this sentence. If caught using marijuana, you can be punished with a misdemeanor charge with up to six months in jail and a fine of up to $1,000. South Dakota currently doesnt permit any use of marijuana. State Drug Possession Laws State Marijuana Laws Those convicted on drug possession charges face a wide gamut of penalties at sentencing, varying from state to state. 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. South Dakota is also unique among states in that it is the only state that has a law criminalizing the ingestion of drugs. 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. Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. 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. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. 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 patient or caregiver must confine and lock the cultivation site always. Conspiracy to commit violation of 22-42-2--Punishment same as provided under that section, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences, Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony, Schedule II, III, or IV substances to be distributed only for a medical purpose, Unauthorized possession of controlled drug or substance as felony, Unauthorized ingestion of controlled drug or substance as felony, Possession of marijuana prohibited--Degrees according to amount, Distribution or possession with intent to distribute specified amounts of marijuana, Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud, Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony, Keeping place for use or sale of controlled substances as felony, Inhabiting room where controlled substances illegally stored or used as misdemeanor, Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program, Criminal penalties in addition to civil and administrative penalties, Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation, Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor, Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony, Controlled substances obtained concurrently from different medical practitioners--Misdemeanor, Definitions of terms used in 22-42-19 to 22-42-21, inclusive, Drug free zones created--Violation as felony--Sentence--Defense, Violation of drug-free zones as separate count in indictment, Lack of knowledge as to age of minor not a defense, Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor, Factors considered in determining whether an object is drug paraphernalia, Use or possession of drug paraphernalia as misdemeanor. Unfortunately, this defense can be hard to prove. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. 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. We provide a list of treatment centers located within the United States that are JHACO or CARF accredited. 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. 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. Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. Laws Section 22-42-5. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. PIERRE Gov. Not so in its approach to drugs. Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. 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. 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. 844, applies to them. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. No prescription for a Schedule II drug or substance shall be refilled. BAC can also be a factor. The sentencing court may impose a sentence other than that which is required by 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by 22-42-2. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. 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. Cocaine is also considered a Schedule 1 drug in South Dakota. Individual first-time offenders caught selling some Schedule I drugs can face 5-40 years in prison, and up to $2 million in fines. 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. Make a one-time contribution to Alternet All Access, 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. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. The penalty and fines for marijuana possession increase for larger quantities. Maybe the illegal substance belonged to someone else. Source:SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, 5. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body. The penalties depend on whether its the first offense. However, they may not induce or force you into criminal activity. The Location of Arrest: South Dakota has areas designated as. All drivers charged with DUI must pay a reinstatement fee. 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. Individuals can call the centers directly or call our Toll Free number for further assistance. Weve covered everything thrown at us this past year and will continue to do so with your support. A violation of this section is a Class 4 felony. 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. If you are found in possession of more than 2 oz. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. The past year has been the most arduous of our lives. The state also requires a new driving, knowledge, and vision test. The judge may restrict, suspend, or revoke the driving license privilege of the minor. 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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