It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. 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. Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice 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. Other penalties for a second offense include jail time of up to one year and a fine up to $2,000. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user; (7)"Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM They also need to complete chemical dependency counseling and get special insurance. 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. Can you face assault charges when no one got hurt? Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. For all of us independent news organizations, its no exception. 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 state also requires a new driving, knowledge, and vision test. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. Any penalty imposed for a violation of any provision of 22-42-2 to 22-42-6, inclusive, or 22-42-8 to 22-42-10, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. 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. Drivers face the following penalties for DUI: South Dakota judges have a lot of leeway when charging impaired drivers. A violation of this section is a Class 4 felony. 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. (13)Expert testimony concerning its use. Sale However, other factors influence the severity of the penalty a person faces following a conviction for possession of marijuana. 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. 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. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. The patient or caregiver must post one on the door of the locked medical marijuana cultivation site. A first conviction of a felony 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. 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. Should Trump be allowed to hold office again? 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. Persons above 18 get incarcerated and pay fines if convicted. In addition, any and all forms of hashish are considered controlled substances in South Dakota and subject to felony penalties. Due to our rigorous sourcing guidelines, we only link to government entities, educational institutions and medically peer-reviewed journals and/or studies. The group includes legislators, law enforcement, court administrators, the South Dakota attorney general and the secretary of the Department of Corrections, but not public health officials or actual drug users. They may also distribute one ounce or less of marijuana without payment or other consideration. All drivers charged with DUI must pay a reinstatement fee. If there is more than one grower in a household, they cannot cultivate more than four plants together. The law was passed in 2001 and upheld by the state Supreme Court in 2004. He was awarded the Drug Policy Alliances Edwin M. Brecher Award for Excellence in Media in 2013. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. State leaders grasp that there is a problem here. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. Weve always understood the importance of calling out corruption, regardless of political affiliation. However, if this is what happened in your case, it is worth discussing the matter with a legal professional. The judge will probably require community service as well. 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. The Marijuana Policy Project states that South Dakota has some of the harshest penalties in the nation. By Teo Armus February 9, 2021 at 6:44 a.m. EST South Dakota's Amendment A, which would. We need your support in this difficult time. It is not an offense to be high in public. 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. A first offense means at least one year in a state penitentiary. Any additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. 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. 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. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. It is not a defense to the provisions of this section that school was not in session. 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. According to court records, 49 . 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 drug possession law is set up so that a person needs only to fail a drug test in order to be charged with possession of marijuana, a Class I misdemeanor punishable by up. Possession Possession of two (2) ounces or less of marijuana is a misdemeanor. Dunn was charged with three misdemeanors, possession of a controlled . 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. 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. Drug Possession Cases Possession is such a common charge that there are simply too many notable possession cases to list. 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. The ability of citizens to offer evidence of a medical condition to defend against a marijuana possession charge . It has to be carefully tracked and documented. 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. While 10 other states have ingestion laws on the books, none of them makes it a felony. South Dakota Drug Laws . A first offense is a Class 1 misdemeanor. In some cases, whether a drug is legal or illegal depends on why and how it is being used. South Dakota probably has the strictest laws regarding CBD in all of the United States. Get confidential help 24/7. Source:SL 1970, ch 229, 10 (g); SDCL Supp, 39-17-112; SL 1977, ch 189, 123. The panel heard even more disturbing numbers about drug prosecutions. When it comes to drug policy, it is one of the ugliest places in the country. and not in lieu of, any civil or administrative penalty or sanction authorized by law. Final Notes on Buying CBD & Delta 8 THC in South Dakota. South Dakota currently doesnt permit any use of marijuana. 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. Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana. The imprisonment rate for both African Americans and Native Americans was seven times that of the states overwhelmingly white population. If law enforcement officers didnt follow the law or protect your rights before, during or after your arrest, it may be possible to challenge some or all of the evidence. It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. Drug possession defenses to consider in South Dakota. 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. Today we learn that South Dakota Governor Kristi Noem signed into law a bill legalizing fentanyl test strips . 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. First-time offenders pay a fine up to $1,000. Individuals can call the centers directly or call our Toll Free number for further assistance. Like everyone else, law enforcement personnel must follow the law when making drug crime arrests. This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony. The courts may place the child in a residential treatment center or mandate a drug rehabilitation training and awareness program. 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. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. The ballot measure made possessing small amounts of drugssuch as less than a gram of heroin, or less than two grams of cocainea civil citation punishable by a $100 fine rather than a crime. Young drivers cannot have any measurable drugs or alcohol in their system. 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. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. 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. Thats rightSouth Dakota is spending millions of dollars to incarcerate people not for drug dealing, not for drug possession, but for having used drugs and still having traces of them in their system. Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. . Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. 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. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. 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. What Is An Outpatient Drug Rehab Program? The Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. All persons arrested for the possession of marijuana must undergo the requisite penalties, including minors. Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. Drivers with a second DUI in a year also need to show proof of financial responsibility. If the amount is between 2 ounces and half a pound, the maximum penalty is 1 year in jail and $4,000 in fines. Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. The penalties depend on whether its the first offense. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. 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. Notwithstanding 22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that: (1)Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user; (2)No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and. And its doing so in an alarmingly racially disproportionate manner. Minors will most likely serve any jail time in juvenile detention. Source:SL 1983, ch 180, 3; SL 1984, ch 172, 3; SL 1998, ch 139, 6. 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.. 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. The suspension time is 180 days for the second offense and 12 months for subsequent offenses (. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. 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. A patient must cultivate their cannabis in the same facility. A violation of this section is a Class 4 felony. South Dakota voters said yes to legalizing marijuana. State laws make it illegal to operate a motor vehicle while impaired with marijuana. A violation of this section for a substance in Schedules III or IV is a Class 6 felony. [9] When can you be charged with drug conspiracy? Offenders face penalties such as fines and incarceration. 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. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. (5)Drug transaction records or customer lists. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. 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. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. Source:SL 2009, ch 119, 1, eff. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. Here are the fines and jail sentences you can receive for marijuana possession: 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 Location of Arrest: South Dakota has areas designated as. [emailprotected] 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. 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. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant; (8)"Practitioner," a doctor of medicine, osteopathy, podiatry, dentistry, optometry, or veterinary medicine licensed to practice his profession, or pharmacists licensed to practice their profession; physician's assistants certified to practice their profession; government employees acting within the scope of their employment; and persons permitted by certificates issued by the Department of Health to distribute, dispense, conduct research with respect to, or administer a substance controlled by chapter 34-20B; (9)"Precursor" or "immediate precursor," a substance which the Department of Health has found to be and by rule designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture; (10)"Schedule I," "Schedule II," "Schedule III," and "Schedule IV," those schedules of drugs, substances, and immediate precursors listed in chapter 34-20B; (11)"Ultimate user," a person who lawfully possesses a controlled drug or substance for that person's own use or for the use of a member of that person's household or for administration to an animal owned by that person or by a member of that person's household. 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