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. Any additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. [emailprotected] Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. 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. A violation of this section is a Class 5 felony. 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. All intending home growers must include photography of their intended cultivation site with their application. Age-restricted persons with qualifying medical conditions may grow medical marijuana through a designated caregiver. This includes: Not knowing the law in South Dakota is no excuse for breaking it. 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. State and federal drug crime laws prohibit the possession, manufacture, and sale of controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. 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 . The Designer Anabolic Steroid Control Act of 2014 (P.L. Any amount of marijuana over two (2) ounces is subject to felony-based penalties on a scale depending on the amount. 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. It is a Class 3 felony to possess more than ten pounds of marijuana. Drug and Alcohol Laws in the State of South Dakota, Penalties for other crimes related to drugs and alcohol, Fine and/or jail sentence for testing positive after returning to South Dakota from another state, even if marijuana is legal in that state, Up to five years in jail and a fine of up to $10,000 for possession or distribution of hash. This type of possession arises merely from the fact that there are metabolites of a drug in your system. Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor. We are an outlier, said Whitcher, speaking about South Dakota. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. Because the law allows people to use a medical condition as a defence against a marijuana possession charge, arrests for marijuana-related crimes have dropped significantly in many parts of the state. One pound to ten pounds: It is a class 4 felony to possess marijuana up to 10 pounds, and persons found guilty face incarceration of up to 10 years. They can also spend up to one year in jail. 10, 2009. 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. Also, 75 religious leaders from across Ohio wrote DeWine a letter that urged him to sign the bill if passed. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. 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. Laws differ from state to state for the . One or two prior felony convictions. . 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. The judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. The term includes an altered state of marijuana absorbed into the human body. The helpline at RehabAdviser.com is available 24/7 to discuss the treatment needs of yourself or a loved one. But a judge ruled it's unconstitutional. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. 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. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. It is a Class 4 felony to possess one to ten pounds of marijuana. The bill's provisions expire by July 1, 2023. The law also funds drug addiction treatment from marijuana sales taxes. But jail is just the gateway to the incarceration complex, and when it comes to long-term stays behind bars, South Dakota displays the same sort of worrying numbers. Other forms of marijuana, like hash . By Citizen Staff. 1906 - The Pure Food and Drug Act . 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. You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. Should Trump be allowed to hold office again? (13)Expert testimony concerning its use. 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 for a substance in Schedules III or IV is a Class 6 felony. Section 22-42-8 - Obtaining possession of controlled substance by theft . By 2020, medical marijuana would have been authorised by South Dakota voters. 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. 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. No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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 a controlled substance or marijuana in violation of this chapter. The courts may place the child in a residential treatment center or mandate a drug rehabilitation training and awareness program. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. South Dakota voters approved medical marijuana in 2020. (1)"Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. 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. And it is being sued by the state ACLU over the forced drug testing of toddlers and arrestees alike. Drivers found guilty lose their license for at least 30 days to one year. If they make errors that infringe on your rights, that can affect the validity of the case against you. A violation of this section for a substance in Schedule III and IV is a Class 6 felony. Source:SL 1970, ch 229, 10 (g); SDCL Supp, 39-17-112; SL 1977, ch 189, 123. Can you face assault charges when no one got hurt? 1 min read. Possession of a small amount of marijuana 2 ounces or less is a misdemeanor in South Dakota, as is a drug test that comes back positive for marijuana. However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner. (2)In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. 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 . Drivers can face additional charges for refusing to take a blood or breath test. Is a lack of serious injuries a defense to assault charges? Lets look at some possible defense strategies others have used successfully to fight drug possession charges. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. 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. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. Monroe County Sheriff's Office deputies made multiple drug-related arrests in the past several days including a man training to be a law enforcement officer. Source:SL 1983, ch 180, 4; SL 1984, ch 172, 4; SL 1998, ch 139, 7. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. Law enforcement will charge any young driver with a BAC higher than .02 with DUI. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. (3)"Youth center," any recreational facility or gymnasium, including any appurtenant parking lot, intended primarily for use by persons under eighteen years of age, which regularly provides athletic, civic, or cultural activities. South Dakota is the only state in that nation that says the existence of drugs in the body can be a felony crime. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. @2022 - AlterNet Media Inc. All Rights Reserved. Other penalties for a second offense include jail time of up to one year and a fine up to $2,000. State Laws and Published Ordinances - South Dakota Current through the 2019 General Session of the 94th South Dakota Legislative Assembly, Executive Order 2019-1 and Supreme Court Rule 19-16. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. 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. Unfortunately, this defense can be hard to prove. What Is An Outpatient Drug Rehab Program? 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. The panel heard even more disturbing numbers about drug prosecutions. South Dakota Drug Laws SD penalizes drug possession differently from other states, and it penalizes it by physical possession, constructive possession (knowing clandestine drug locations), and thirdly by ingestion. 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. 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. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. No person may knowingly possess marijuana. Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice 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 two years, which sentence may not be suspended. South Dakota voters said yes to legalizing marijuana. Source: SL 1970, ch 229, 10 (g); SDCL Supp . 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.. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage 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 means at least one year in a state penitentiary. The law was passed in 2001 and upheld by the state Supreme Court in 2004. 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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, South Dakota Drug Laws . 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. Possession of larger amounts is a felony. TT, page 145, lines 16 - 17 and 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 (. For the states Latino population, the imprisonment rate was twice that of whites. Although CBD is legal to produce, possess, and consume under federal law, you'll need to be extra cautious in South Dakota. 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