Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge, included in the voter-backed law, has already led to a dramatic decline in marijuana arrests in many areas of the state. Only patients or caregivers 21 years or older may cultivate medical marijuana. 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. 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. When you call our helpline, youll be connected with a representative who can assist you in finding mental health and addiction treatment resources at any of the Ark Behavioral Health addiction treatment facilities. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. If you feel youre in danger of addiction, get help now to prevent future health and legal problems. That law was. Can you face assault charges when no one got hurt? Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. On Thursday, sheriff's deputies arrested a 23-year-old law enforcement academy cadet, who is not affiliated with the Monroe County Sheriff's Office . Also, disorderly conduct resulting from marijuana intoxication is an offense in South Dakota. 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. 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. Evidence meant for use in criminal proceedings often passes from hand to hand. Invest with us. 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 . Why South Dakota has the worst drug laws in America, new report from the Prison Policy Initiative, an alarmingly racially disproportionate manner, Judge orders officials to remove online evidence on South Dakota AG facing misdemeanor charges - Alternet.org , Another win for marijuana: New Mexico embraces legalization - Alternet.org , A judge jailed an abuse survivor mid-testimony for legal marijuana use - Alternet.org . [emailprotected] The patient or caregiver must post one on the door of the locked medical marijuana cultivation site. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. First offense: The first DUI offense is a Class 1 misdemeanor. Timeline of Significant U.S. Drug Laws. All drivers charged with DUI must pay a reinstatement fee. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. A violation of this section is a Class 4 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. 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. 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 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. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SDCL Supp, 39-17-95; SL 1976, ch 158, 42-5; SL 1985, ch 186; SL 1998, ch 139, 1; SL 2013, ch 101, 58. It is a misdemeanor in South Dakota to possess small amounts of marijuana for personal use. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. The term includes an altered state of marijuana absorbed into the human body. It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. Any additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. 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 law also funds drug addiction treatment from marijuana sales taxes. The South Dakota drug trafficking charges are covered under S.D. 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. and not in lieu of, any civil or administrative penalty or sanction authorized by law. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. 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. 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. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. No person may knowingly possess marijuana. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. Get confidential help 24/7. He is the longtime author of the Drug War Chronicle, the online publication of the non-profit StopTheDrugWar.org, and has been the editor of AlterNets Drug Reporter since 2015. 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. In addition, the courts may impose fines not exceeding $20,000. The state classifies drugs by schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and other aggravating circumstances. Your knowledge of the law can play a critical role in overcoming the charges you face. The suspension time is 180 days for the second offense and 12 months for subsequent offenses (. Late 1800s - Due to opiate abuse, local governments begin to outlaw opium. Mar. To access medical marijuana, the patient's physician must create an account with the South Dakota Medical Cannabis Program. By 2020, medical marijuana would have been authorised by South Dakota voters. According to court records, 49 . (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. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. He has been a drug policy journalist for the past two decades. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. Drivers also need to pay a fine up to $4,000 and spend up to two years in jail. It is a Class 3 felony to possess more than ten pounds of marijuana. 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. 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. 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