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. BOOKED INTO JAIL. (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; Only patients or caregivers 21 years or older may cultivate medical marijuana. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions. A first offense is a Class 1 misdemeanor. This depends on the drivers circumstances and past offenses. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. No person may knowingly possess Salvia divinorum or salvinorin A. Judges cannot suspend this sentence. 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. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. Section 22-42-8 - Obtaining possession of controlled substance by theft . Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SL 1974, ch 269; SDCL Supp, 39-17-95, 39-17-96; SL 1976, ch 158, 42-6; SL 1977, ch 189, 92; SL 1978, ch 158, 16; SL 1983, ch 179; SL 1985, ch 187; SL 1986, ch 185, 4; SL 1990, ch 166; SL 1998, ch 139, 2. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. South Dakota has a long, long way to go to get on the right side of drug policy, and no natural beauty can hide that. Criminalizing possession of controlled substances like cocaine, heroin, and hallucinogenic mushrooms is counterproductive, according to Commit to Change WA. Mitigating circumstances--Departure from mandatory sentence. The imprisonment rate for both African Americans and Native Americans was seven times that of the states overwhelmingly white population. The Designer Anabolic Steroid Control Act of 2014 (P.L. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. 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 and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. 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. 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 III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. Kristi Noem signed into law a bill that declassifies fentanyl test strips as drug paraphernalia Wednesday. Possession of larger amounts is a felony. TT, page 145, lines 16 - 17 and When it comes to drug policy, it is one of the ugliest places in the country. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. Unfortunately, this defense can be hard to prove. Section 22-42-6 - Possession of marijuana prohibited-Degrees according to amount. South Dakota outlaws all forms of weed possession and has no provision for purchasing weed for recreational use, regardless of age. If law enforcement officers didn't follow the law or protect your rights before, during or after your arrest, it may be possible to challenge some or all of the . Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. The punishment for minors depends mainly on the quantity of marijuana found in their possession. Source: SL 1970, ch 229, 10 (g); SDCL Supp . 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. 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. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. The courts can determine the punishment for persons under 18 to be any of or a combination of the following: Repeat minor offenders for marijuana possession may face the same penalties as an adult and do not qualify for alternative sentencing options. 10, 2009. . In January, Ohio took fentanyl test strips off its illegal drug paraphernalia list. Office of the Attorney General 1302 E Hwy 14, Suite 1 Pierre, SD 57501-8501 Voice: (605) 773-3215 https://atg.sd.gov/ We are an outlier, said Whitcher, speaking about South Dakota. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. 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. An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. Banning the products would create an additional burden for law enforcement in the state. and not in lieu of, any civil or administrative penalty or sanction authorized by law. Source:SL 1970, ch 229, 9 (k); SDCL, 39-17-83; SL 1977, ch 189, 80. 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. 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. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. 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. It is a misdemeanor in South Dakota to possess small amounts of marijuana for personal use. And it is being sued by the state ACLU over the forced drug testing of toddlers and arrestees alike. 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. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. 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. State laws make it illegal to operate a motor vehicle while impaired with marijuana. Therefore, possessing one ounce (28 grams) of weed attracts jail time and fines for recreational users. Stay safe by learning laws and penalties related to alcohol and drug use. If you feel youre in danger of addiction, get help now to prevent future health and legal problems. 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. If you are found in possession of more than 2 oz. Other penalties for a second offense include jail time of up to one year and a fine up to $2,000. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. This is SR-22 insurance at a much higher rate. By Citizen Staff. 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. Judges can also impose a civil penalty up to $10,000. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. 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 . The penalty and fines for marijuana possession increase for larger quantities. Individuals may possess one ounce or less of marijuana. Legally, South Dakota enforces a .02 BAC for drivers aged 16 to 20. In addition, the courts may impose fines not exceeding $20,000. Young drivers cannot have any measurable drugs or alcohol in their system. 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. 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. A second offense or more comes with a 10-year prison sentence. 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