No person may knowingly possess marijuana. While 10 other states have ingestion laws on the books, none of them makes it a felony. 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. 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. Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony. 113-260) expanded the definition of the term "anabolic . 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. By Citizen Staff. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. Source:SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, 5. Drivers found guilty lose their license for at least 30 days to one year. Second offense: Drivers with a second DUI lose their license for one year. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. This only applies to adults age 21 or older. A violation of this section is a Class 4 felony. 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 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. Judges cannot suspend this sentence. This includes: Not knowing the law in South Dakota is no excuse for breaking it. We do not receive any compensation or commission for referrals to other treatment facilities. 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. South Dakota probably has the strictest laws regarding CBD in all of the United States. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Two or more caregivers cannot grow medical marijuana in the same location. Judges cannot suspend this sentence. South Dakota voters said yes to legalizing marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. State and federal drug crime laws prohibit the possession, manufacture, and sale of controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Not so in its approach to drugs. A violation of this section is a Class 5 felony. Conduct that endangers others is prohibited. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. Source:SL 1983, ch 180, 2; SL 1984, ch 172, 2. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. The State Government currently lists CBD as a Schedule IV drug. The judge will probably require community service as well. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. South Dakota voters approved medical marijuana in 2020. This helpline is answered by Ark Behavioral Health, an addiction treatment provider with treatment facilities in Massachusetts and Ohio. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES 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. Additional information about this arrest can be found below. South Dakota laws prohibit an individual from knowingly possessing marijuana in any quantities. The penalty and fines for marijuana possession increase for larger quantities. Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. The Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . The judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. The term, drug paraphernalia, means any equipment, products, and materials of any kind which are primarily used, intended for use, or designed for use by the person in possession of them, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance or marijuana in violation of the provisions of this chapter. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. (1)"Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least ninety days, which sentence may not be suspended. 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. Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (3); SL 1973, ch 261; SDCL Supp, 39-17-88, 39-17-89, 39-17-92; SL 1976, ch 158, 42-4; SL 1977, ch 189, 91; SL 1982, ch 179, 3; SL 1983, ch 178, 3; SL 1986, ch 185, 3; SL 1999, ch 174, 3; SL 2013, ch 101, 57. 2 reasons you could get arrested for a DUI after a big game. All intending home growers must include photography of their intended cultivation site with their application. And it is being sued by the state ACLU over the forced drug testing of toddlers and arrestees alike. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to a drug abuse prevention and rehabilitation program authorized under 34-3B-1. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. The Marijuana Policy Project states that South Dakota has some of the harshest penalties in the nation. South Dakota drug possession law is set up so that a person needs only to fail a drug test in order to be charged with possession of marijuana, a Class I misdemeanor punishable by up. (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. Source:SL 2009, ch 119, 1, eff. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. 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. 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. The Location of Arrest: South Dakota has areas designated as. Any amount of marijuana over two (2) ounces is subject to felony-based penalties on a scale depending on the amount. It is not an offense to be high in public. 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. 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. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. According to court records, 49 . It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. 1 min read. 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. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. But a judge ruled it's unconstitutional. Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony. By Teo Armus February 9, 2021 at 6:44 a.m. EST South Dakota's Amendment A, which would. Make a one-time contribution to Alternet All Access, 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. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. Mar. 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 Detroit man allegedly caught with methamphetamine and marijuana in Clear Lake last month has pleaded not guilty, and a jury trial has been scheduled for April 25. Like everyone else, law enforcement personnel must follow the law when making drug crime arrests. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions. 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 past year has been the most arduous of our lives. South Dakota voters approved medical marijuana in 2020. The South Dakota Supreme Court on Wednesday upheld a lower court's ruling that nullified a voter-passed amendment to the state constitution that would have legalized recreational marijuana. 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