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. Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. In 2019, it had 8,997 drug arrests, and based on previous year's data, around 40% of those arrests came from cannabis possession charges. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. 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. No person may knowingly possess marijuana. Sale According to the ACLU of South Dakota, the states prison population has increased more than five-fold since 1980, a decade after the drug war began. Under the bill, possession of up to an ounce of cannabis by an adult 21 or older would be considered a petty fine that would not carry the threat of jail time. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. 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. SDCL 34-20B-70 provides that certain property is subject to forfeiture when it is being used for the possession or distribution of controlled substances or marijuana. Second offense: Drivers with a second DUI lose their license for one year. (3)It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with 34-20B-39. Either way, it makes sense to learn the states drug and alcohol laws. 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 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.. 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. In November 2020, South Dakota will vote whether to legalize recreational use. South Dakota probably has the strictest laws regarding CBD in all of the United States. 10, 2009. Furthermore, the court revokes the driver's license for at least two years and mandates the individual to complete a rehabilitation counseling program approved by the court (, Fifth and Subsequent Offense: Suspension of license for not less than three years, fines not exceeding $20,000, and jail time of up to 10 years. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. South Dakota also boasts the nations only law making ingestionnot possessionof a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A positive drug test becomes a prosecutable offense. To find a treatment program, browse the top-rated addiction treatment facilities in each state by visiting our homepage, or by viewing the SAMHSA Treatment Services Locator. And its doing so in an alarmingly racially disproportionate manner. 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. This is SR-22 insurance at a much higher rate. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. First offense: The first DUI offense is a Class 1 misdemeanor. However, other factors influence the severity of the penalty a person faces following a conviction for possession of marijuana. A one-year jail time and a fine of up to $2,000. The term includes an altered state of marijuana absorbed into the human body. 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. Mitigating circumstances--Departure from mandatory sentence. 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. However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. - "Poynter" fonts provided by fontsempire.com. Cod. They may also distribute one ounce or less of marijuana without payment or other consideration. 113-260) expanded the definition of the term "anabolic . Although CBD is legal to produce, possess, and consume under federal law, you'll need to be extra cautious in South Dakota. A patient must cultivate their cannabis in the same facility. 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. The South Dakota drug trafficking charges are covered under S.D. 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. The State Government currently lists CBD as a Schedule IV drug. Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. Section 22-42-8 - Obtaining possession of controlled substance by theft . However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. The imprisonment rate for both African Americans and Native Americans was seven times that of the states overwhelmingly white population. or click here to become a subscriber. 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 measure is only good for people with serious health conditions. This depends on the drivers circumstances and past offenses. 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. 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. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. South Dakota is the only state in that nation that says the existence of drugs in the body can be a felony crime. State leaders grasp that there is a problem here. 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. (21) "State," the State of South Dakota; (22) "Ultimate user," a person who lawfully possesses a controlled drug or substance for personal use or for the use of a member of the person's household or for administration to an animal owned by the person or by a member of the person's household; A violation of this section for a substance in Schedules I or II is a Class 5 felony. Additional information about this arrest can be found below. You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. 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. (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. The Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. A violation of this section is a Class 4 felony. A first offense is a Class 1 misdemeanor. Like everyone else, law enforcement personnel must follow the law when making drug crime arrests. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. We are an outlier, said Whitcher, speaking about South Dakota. 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. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. We need your support in this difficult time. A violation of this section is a Class 5 felony. It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. When can you be charged with drug conspiracy? No prescription for a Schedule II drug or substance shall be refilled. 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. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. The penalty and fines for marijuana possession increase for larger quantities. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. The bill's provisions expire by July 1, 2023. We do not receive any compensation or commission for referrals to other treatment facilities. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. The helpline at RehabAdviser.com is available 24/7 to discuss the treatment needs of yourself or a loved one. 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. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. 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. He was awarded the Drug Policy Alliances Edwin M. Brecher Award for Excellence in Media in 2013. Last week, the South Dakota Supreme Court upheld the state's internal possession law. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. 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. However, knowingly ingesting marijuana in public or living in a place where marijuana is stored illegally is punishable by one-year incarceration and fines up to $2,000. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The suspension time is 180 days for the second offense and 12 months for subsequent offenses (. 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. Drivers also need to pay a fine up to $4,000 and spend up to two years in jail. Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. Persons under 18 with qualifying medical conditions may purchase medical marijuana legally through the aid of a designated caregiver. Although research suggests that FTS could save lives and help spur positive decision-making around drug use, the technology is banned for use in most states. Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. Revocation of the license for at least one year and mandatory completion of a court-approved chemical dependency program (, Third Offense: Up to two imprisonment and fines not exceeding $4,000. It is a Class 3 felony to possess more than ten pounds of marijuana. 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. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. Persons above 18 get incarcerated and pay fines if convicted. Schedule I drug possession charges vary based on state. 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. 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 (. 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. This type of possession arises merely from the fact that there are metabolites of a drug in your system. With endless miles of farmland shading into ever higher and drier terrain as one moves west, crossing the Missouri River and then on to the Badlands and the Black Hills, South Dakota has a certain austere beauty. 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 . Weve covered everything thrown at us this past year and will continue to do so with your support. Justia US Law US Codes and Statutes South Dakota Code 2010 South Dakota Code Title 22 - CRIMES Chapter 42A - Drug Paraphernalia Section 22-42A-3 - Use or possession of drug paraphernalia as misdemeanor. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . 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. Late 1800s - Due to opiate abuse, local governments begin to outlaw opium. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. Fentanyl test strips (FTS) are a form of drug-checking technology that can . 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. 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. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. Zero or up to four plants, depending on the growers status. Source:SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, 5. A second offense or more comes with a 10-year prison sentence. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. 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). 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 judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. Make a one-time contribution to Alternet All Access, Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. South Dakota's prosecutors and law enforcement are asking legislators to not "kick the can down the road" when it comes to fixing the state's drug laws. It is not a defense to the provisions of this section that the defendant did not know the distance involved. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. 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. 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. Drivers with a second DUI in a year also need to show proof of financial responsibility. (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. 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. Source:SL 1983, ch 180, 4; SL 1984, ch 172, 4; SL 1998, ch 139, 7. 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. During the Midterm elections on Nov. 5, 2022, voters in Denton approved Proposition B with over 70% of the vote to decriminalize possession of four ounces or less of cannabis, with some exceptions . 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. . Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. @2022 - AlterNet Media Inc. All Rights Reserved. When it comes to drug policy, it is one of the ugliest places in the country. drug supply and drug demand related laws. 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. The Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. 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. Any person who violates this section is guilty of a Class 6 felony. However, the law was revised immediately. 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. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused. 1906 - The Pure Food and Drug Act . South Dakota voters approved medical marijuana in 2020. The Food and Drug Administration issued a warning on delta-8 last year pointing to . We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. TT, page 145, lines 16 - 17 and Source:SL 1983, ch 180, 2; SL 1984, ch 172, 2. 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. By Citizen Staff. Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. 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 Initiated Measure 27 legalizes the possession, use, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. 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. This helpline is answered by Ark Behavioral Health, an addiction treatment provider with treatment facilities in Massachusetts and Ohio. Age-restricted persons with qualifying medical conditions may grow medical marijuana through a designated caregiver. By 2020, medical marijuana would have been authorised by South Dakota voters. 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. The Marijuana Policy Project states that South Dakota has some of the harshest penalties in the nation. Weve always understood the importance of calling out corruption, regardless of political affiliation. 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. 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. The judge will probably require community service as well. possession statute and its associated penalties, 21 U.S.C. While 10 other states have ingestion laws on the books, none of them makes it a felony. Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. 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.