It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. 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. Persons above 18 get incarcerated and pay fines if convicted. 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. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES South Dakota laws prohibit an individual from knowingly possessing marijuana in any quantities. 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updated and accurate, should you feel that any of the content presented on our website is incorrect, problematic or out-of-date, please contact us at When you call our helpline, youll be connected with a representative who can assist you in finding mental health and addiction treatment resources at any of the Ark Behavioral Health addiction treatment facilities. This type of possession arises merely from the fact that there are metabolites of a drug in your system. South Dakota also boasts the nation's only law making ingestion not possession of a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A . Only patients or caregivers 21 years or older may cultivate medical marijuana. Two or more caregivers cannot grow medical marijuana in the same location. ANTONIO RAMONT SMITH was booked in Minnehaha County, South Dakota for 24/7 SENTENCED original charge 22-42-5 Possession Controlled Drug or Substance. Office of the Attorney General 1302 E Hwy 14, Suite 1 Pierre, SD 57501-8501 Voice: (605) 773-3215 https://atg.sd.gov/ Source:SL 1970, ch 229, 10 (g); SDCL Supp, 39-17-112; SL 1977, ch 189, 123. 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. By 2020, medical marijuana would have been authorised by South Dakota voters. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. 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. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. Conspiracy to commit violation of 22-42-2--Punishment same as provided under that section, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences, Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences, Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony, Schedule II, III, or IV substances to be distributed only for a medical purpose, Unauthorized possession of controlled drug or substance as felony, Unauthorized ingestion of controlled drug or substance as felony, Possession of marijuana prohibited--Degrees according to amount, Distribution or possession with intent to distribute specified amounts of marijuana, Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud, Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony, Keeping place for use or sale of controlled substances as felony, Inhabiting room where controlled substances illegally stored or used as misdemeanor, Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program, Criminal penalties in addition to civil and administrative penalties, Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation, Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor, Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony, Controlled substances obtained concurrently from different medical practitioners--Misdemeanor, Definitions of terms used in 22-42-19 to 22-42-21, inclusive, Drug free zones created--Violation as felony--Sentence--Defense, Violation of drug-free zones as separate count in indictment, Lack of knowledge as to age of minor not a defense, Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor, Factors considered in determining whether an object is drug paraphernalia, Use or possession of drug paraphernalia as misdemeanor. . However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. A 48-year-old Hiawatha man was officially charged Tuesday afternoon in Brown County District Court on an eight-count complaint including felony sex and drug charges. 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. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Maybe youre planning a trip to South Dakota to visit Wall Drug and Mount Rushmore. Should Trump be allowed to hold office again? Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. The measure is only good for people with serious health conditions. The patient or caregiver must confine and lock the cultivation site always. A violation of this section is a Class 6 felony. 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. We need your support in this difficult time. To purchase marijuana legally in South Dakota, the individual must be 18 years or older. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least one year, which sentence may not be suspended. All intending home growers of medical marijuana must get approval from the DOH and join South Dakotas marijuana program. The state legislature has set up an interim study group to examine the states approach to drug offenses, which met for the first time in August. 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. In a February 18 ruling, the court gave a constitutional thumbs-up to the conviction of Joshua Schneider, who was detained in a traffic stop after the arresting officer found a scale in his car. Proponents of the measures are hopeful that the changes. - "Poynter" fonts provided by fontsempire.com. Your knowledge of the law can play a critical role in overcoming the charges you face. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. More than ten pounds: The penalty is a jail sentence of up to 15 years and fines of up to $30,0000. 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. They will also vote on legalizing medical marijuana at that time. The penalties depend on whether its the first offense. Judges cannot suspend this sentence. The South Dakota drug trafficking charges are covered under S.D. PIERRE Gov. 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. 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 . 2023 - SD Legislative Research Council LRC Homepage | SD Homepage Banning the products would create an additional burden for law enforcement in the state. 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. South Dakota Drug Laws . Although CBD is legal to produce, possess, and consume under federal law, you'll need to be extra cautious in South Dakota. (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 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. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. Individuals may possess one ounce or less of marijuana. We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. 113-260) expanded the definition of the term "anabolic . This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. South Dakota also boasts the nation's only law making ingestionnot possessionof a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A. 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. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. 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. The penalty and fines for marijuana possession increase for larger quantities. Why South Dakota has the worst drug laws in America, new report from the Prison Policy Initiative, an alarmingly racially disproportionate manner, Judge orders officials to remove online evidence on South Dakota AG facing misdemeanor charges - Alternet.org , Another win for marijuana: New Mexico embraces legalization - Alternet.org , A judge jailed an abuse survivor mid-testimony for legal marijuana use - Alternet.org . Weve always understood the importance of calling out corruption, regardless of political affiliation. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. These include: Possession, manufacturing, or distribution of a Class I or Class II scheduled narcotic can have serious consequences in South Dakota. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM A one-year jail time and a fine of up to $2,000. 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 (. Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. We respect your privacy. 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. Fentanyl test strips (FTS) are a form of drug-checking technology that can . South Dakota voters said yes to legalizing marijuana. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana. JOPLIN, Mo.- A Joplin and Webb City, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing firearms. Possession of up to 2 ounces is punishable by up to 1 year in jail and $2,000 in fines. 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. The penalty and fines for marijuana possession increase for larger quantities. But a judge ruled it's unconstitutional. Zero or up to four plants, depending on the growers status. 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. When it comes to drug policy, it is one of the ugliest places in the country. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . 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. Make a one-time contribution to Alternet All Access, Also, 75 religious leaders from across Ohio wrote DeWine a letter that urged him to sign the bill if passed. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. This depends on the drivers circumstances and past offenses. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. 2 reasons you could get arrested for a DUI after a big game. 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. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. The judge may restrict, suspend, or revoke the driving license privilege of the minor. The Centers for Disease Control (CDC) states that South Dakota has a zero tolerance policy for all drivers under 21. Judges can also impose a civil penalty up to $10,000. 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 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. The group noted that Native Americans between ages 15 and 64 are incarcerated at 10 times the rate of white people in South Dakota., Its time to come to terms with the significant racial disparities that are so ingrained in our criminal legal system, said Libby Skarin, ACLU of South Dakota policy director. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. 2023 Rehab Adviser. THE CURRENT STATUTORY REGIME IN SOUTH DAKOTA CRIMINALIZING POSSESSION OF A CONTROLLED DRUG OR SUBSTANCE SHOULD NOT BE ALLOWED TO SUSTAIN A . Source:SL 1976, ch 158, 42-1; SL 1977, ch 189, 88; SL 1984, ch 239, 2; SL 1985, ch 185, 1; SL 1986, ch 306, 5; SL 2001, ch 116, 1. 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. Schedule I drug possession charges vary based on state. Drug Asset Civil Forfeiture. 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 . 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. Laws differ from state to state for the . Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. It is a Class 3 felony to possess more than ten pounds of marijuana. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. Drug Possession Cases Possession is such a common charge that there are simply too many notable possession cases to list. We provide a list of treatment centers located within the United States that are JHACO or CARF accredited. A violation of this section is a Class 4 felony. [emailprotected] 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. Young adults will serve at the county jail. 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 sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. Source:SL 1983, ch 180, 2; SL 1984, ch 172, 2. One pound to ten pounds: It is a class 4 felony to possess marijuana up to 10 pounds, and persons found guilty face incarceration of up to 10 years. (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. 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