The law was passed in 2001 and upheld by the state Supreme Court in 2004. Stay safe by learning laws and penalties related to alcohol and drug use. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. The panel heard even more disturbing numbers about drug prosecutions. 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. ANTONIO RAMONT SMITH was booked in Minnehaha County, South Dakota for 24/7 SENTENCED original charge 22-42-5 Possession Controlled Drug or Substance. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of 22-42-5.1. TT, page 145, lines 16 - 17 and Young adults will serve at the county jail. We are creating more felonies for the same conduct than our neighboring states. 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. However, a violation of this section is a Class 3 felony if the person is in possession of three or more of the following: (1)Three hundred dollars or more in cash; (2)A firearm or other weapon pursuant to 22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8); (3)Bulk materials used for the packaging of controlled substances; (4)Materials used to manufacture a controlled substance including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or. This includes: Not knowing the law in South Dakota is no excuse for breaking it. If you feel youre in danger of addiction, get help now to prevent future health and legal problems. Source:SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, 5. . [emailprotected] 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). 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. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. This includes both medical and recreational use. A violation of this section is a Class 6 felony. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. Here are the fines and jail sentences you can receive for marijuana possession: Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice Other penalties for a second offense include jail time of up to one year and a fine up to $2,000. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony. The South Dakota drug trafficking charges are covered under S.D. Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. 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. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. 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. The Centers for Disease Control (CDC) states that South Dakota has a zero tolerance policy for all drivers under 21. We need your support in this difficult time. He told the interim panel that 73 of his last 100 drug possession cases involved only trace or immeasurable amounts of drugs and that if such cases were not charged as felonies, his office could operate with significantly fewer felony prosecutors. South Dakota is also unique among states in that it is the only state that has a law criminalizing the ingestion of drugs. State laws make it illegal to operate a motor vehicle while impaired with marijuana. These numbers are largely attributable to drug prosecutions, with nearly one in three prisoners doing time for drugs in 2019, up from one in four in 2014. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. South Dakota currently doesnt permit any use of marijuana. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. Milan Alexander, 42, who maintains residences in both Joplin and Webb City, was charged in a four-count indictment returned by a federal grand jury in . The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. Make a one-time contribution to Alternet All Access, 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. RehabAdviser.com is a tool for individuals seeking to find a Drug and/or Alcohol Rehab. South Dakota voters approved medical marijuana in 2020. No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. 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. Laws Section 22-42-5. It is not a defense to the provisions of this section that school was not in session. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. No person may knowingly possess marijuana. You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. This type of possession arises merely from the fact that there are metabolites of a drug in your system. However, the law was revised immediately. South Dakotas codified laws do not decriminalize weed. (5)Drug transaction records or customer lists. 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. The bill reclassifies low-level drug offenses from felonies to misdemeanors, and the Alliance for Safety and Justice says it could save Ohio taxpayers up to $75 million a year with 2,700 fewer people in prison. 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. Build A Strong Defense To Protect Your Rights. JOPLIN, Mo.- A Joplin and Webb City, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing firearms. 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. The Location of Arrest: South Dakota has areas designated as. Any person who violates any provision of this section is guilty of a Class 6 felony. 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. 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. Judges cannot suspend this sentence. A first offense is a Class 1 misdemeanor. In November 2020, South Dakota will vote whether to legalize recreational use. They can also spend up to one year in jail. Unfortunately, this defense can be hard to prove. 10, 2009. The State Government currently lists CBD as a Schedule IV drug. Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. . First offense: The first DUI offense is a Class 1 misdemeanor. A violation of this section is a Class 4 felony. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. Judges can also impose a civil penalty up to $10,000. Mitigating circumstances--Departure from mandatory sentence. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. Young drivers cannot have any measurable drugs or alcohol in their system. 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. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. [9] THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . 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 . All intending home growers of medical marijuana must get approval from the DOH and join South Dakotas marijuana program. 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. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. It is not a defense to the provisions of this section that the defendant did not know the distance involved. 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