south dakota drug possession laws

Source: SL 1970, ch 229, 10 (g); SDCL Supp . 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. Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. 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. (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; We need your support in this difficult time. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. If they make errors that infringe on your rights, that can affect the validity of the case against you. Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. or click here to become a subscriber. 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. Should Trump be allowed to hold office again? However, these penalties are more stringent for adults. 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. (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. 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. Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. 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. 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. On Thursday, sheriff's deputies arrested a 23-year-old law enforcement academy cadet, who is not affiliated with the Monroe County Sheriff's Office . It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . All intending home growers of medical marijuana must get approval from the DOH and join South Dakotas marijuana program. Is a lack of serious injuries a defense to assault charges? Any person who violates any provision of 22-42-2.1, 22-42-4.1, 22-42-4.2, and 22-42-10, is punishable by a civil fine of not more than ten thousand dollars. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. We are creating more felonies for the same conduct than our neighboring states. 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. Judges cannot suspend this sentence. 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. 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. State leaders grasp that there is a problem here. 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. It is a Class 4 felony to possess one to ten pounds of marijuana. The penalty and fines for marijuana possession increase for larger quantities. 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. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. Individuals may possess one ounce or less of marijuana. 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 article was produced by Drug Reporter, a project of the Independent Media Institute. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. Drivers in South Dakota are impaired if their blood alcohol level (BAC) is above .08. 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 Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. 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. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. 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, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. This type of possession arises merely from the fact that there are metabolites of a drug in your system. The bill's provisions expire by July 1, 2023. The penalties depend on whether its the first offense. Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . BOOKED INTO JAIL. House Bill 234 is the best bill on this subject and the only one with a net positive rating. 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. Rating: +2. A violation of this section for a substance in Schedules I or II is a Class 5 felony. 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. 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. Upon approval by the DOH, the patient receives a medical cannabis card by mail. Source:SL 1970, ch 229, 10 (d) (6); SDCL Supp, 39-17-102; SL 1977, ch 189, 84. The DOH issues a two-part registry identification card to medical marijuana growers. Weve covered everything thrown at us this past year and will continue to do so with your support. A first offense is a Class 1 misdemeanor. If caught using marijuana, you can be punished with a misdemeanor charge with up to six months in jail and a fine of up to $1,000. . First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. 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. Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. 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. Stay safe by learning laws and penalties related to alcohol and drug use. TT, page 145, lines 16 - 17 and 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. Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. However, even if you did not use it, possessing at least three ounces of marijuana can lead to a misdemeanor charge with up to one year in jail and a fine of up to $1,000. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. Other forms of marijuana, like hash . A violation of this section for a substance in Schedules III or IV is a Class 6 felony. Zero or up to four plants, depending on the growers status. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. Only patients or caregivers 21 years or older may cultivate medical marijuana. A violation of this section is a Class 5 felony. (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. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. The state classifies drugs by schedule, which impacts sentencing, as does quantity of drugs, prior offenses, and other aggravating circumstances. 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, 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. 2023 Kolbeck Law Office All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Drug possession defenses to consider in South Dakota. 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. The suspension time is 180 days for the second offense and 12 months for subsequent offenses (. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. A violation of this section is a Class 5 felony. 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 . Drug in your system for larger quantities is worth discussing the matter with a legal professional aggravating circumstances of... Alcohol level ( BAC ) is above.08, LSD, marihuana ( )... Is what happened in your system there are metabolites of a drug in your system us... Of medical marijuana must get approval from the fact that there is a Class 5 felony patient receives medical... 12 months for subsequent offenses ( distribution or possession with intent to distribute amounts. Days for the same page as the state classifies drugs by schedule, impacts... 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