South Dakota is the only state in that nation that says the existence of drugs in the body can be a felony crime. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. 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. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. Weve covered everything thrown at us this past year and will continue to do so with your support. However, the law was revised immediately. 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. 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. 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 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. Make a one-time contribution to Alternet All Access, 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. (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; 1 min read. Only patients or caregivers 21 years or older may cultivate medical marijuana. 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. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. We do not receive any compensation or commission for referrals to other treatment facilities. If you feel youre in danger of addiction, get help now to prevent future health and legal problems. 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. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. Invest with us. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. 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. or click here to become a subscriber. 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. The law also funds drug addiction treatment from marijuana sales taxes. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. Two ounces but less than half a pound: First-time offenders get two years confinement at the state prison and a fine of up to $4,000. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. A one-year jail time and a fine of up to $2,000. 2023 Rehab Adviser. Source:SL 1970, ch 229, 9 (k); SDCL Supp, 39-17-83; SL 1977, ch 189, 81. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. 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. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. The DOH issues a two-part registry identification card to medical marijuana growers. [9] 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. While 10 other states have ingestion laws on the books, none of them makes it a felony. South Dakota Cocaine Laws Cocaine is in the Class 4 felony category for illegal drugs. 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 This includes both medical and recreational use. 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. Source:SL 2009, ch 119, 1, eff. Persons with qualifying medical conditions may encounter the following restrictions in cultivating their medical marijuana, including: It is illegal to travel by air out of South Dakota with marijuana, as federal laws governing airspace make it unlawful to possess marijuana of any amount while taking a flight. Proponents of the measures are hopeful that the changes. Additional information about this arrest can be found below. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. Office of the Attorney General 1302 E Hwy 14, Suite 1 Pierre, SD 57501-8501 Voice: (605) 773-3215 https://atg.sd.gov/ One or two prior felony convictions. The third type of possession is possession by ingestion . 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. First offense: The first DUI offense is a Class 1 misdemeanor. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in 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. South Dakota probably has the strictest laws regarding CBD in all of the United States. A second or subsequent conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least ten years, which sentence may not be suspended. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. 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 . Zero or up to four plants, depending on the growers status. This depends on the drivers circumstances and past offenses. 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. Rating: +2. 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. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. No person may knowingly possess marijuana. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice This is SR-22 insurance at a much higher rate. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. Thank you. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court. Timeline of Significant U.S. Drug Laws. 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. 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. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. 113-260) expanded the definition of the term "anabolic . The State Government currently lists CBD as a Schedule IV drug. Source:SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, 5. The state also requires a new driving, knowledge, and vision test. 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. A violation of this section is a Class 4 felony. Get confidential help 24/7. Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. 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 Food and Drug Administration issued a warning on delta-8 last year pointing to . 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. 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