"This is incredible," said Kassandra Frederique, executive director of the advocacy group Drug Policy Alliance. Where the minor violates the terms of probation, the courts can mandate remanding the youth in a juvenile correctional facility. Source:SL 1970, ch 229, 9 (1); SL 1971, ch 224, 3; SDCL Supp, 39-17-84, 39-17-85; SL 1974, ch 268, 1; SL 1977, ch 189, 82. (1)"Playground," any outdoor facility, including any appurtenant parking lot, intended for recreation, open to the public, any portion of which contains apparatus intended for the recreation of children such as slides, swing sets, and teeterboards; (2)"Video arcade facility," any facility legally accessible to persons under eighteen years of age, which provides for the use of pinball and video machines for amusement and which contains one or more such machines; and. No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia 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 any controlled substance or marijuana in violation of this chapter. He was awarded the Drug Policy Alliances Edwin M. Brecher Award for Excellence in Media in 2013. Additional information about this arrest can be found below. 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. Therefore, it is an offense for any individual to buy weed for recreational use in South Dakota. The judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. 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. All persons arrested for the possession of marijuana must undergo the requisite penalties, including minors. 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.. 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. Stay safe by learning laws and penalties related to alcohol and drug use. The Covid-19 pandemic continues to be catastrophic not only to our health - mental and physical - but also to the stability of millions of people. If you are found in possession of more than 2 oz. While 10 other states have ingestion laws on the books, none of them makes it a felony. 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. 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, 42-7; SL 1977, ch 189, 93; SL 1982, ch 179, 4; SL 1984, ch 171; SL 1986, ch 185, 5; SL 1998, ch 139, 3; SL 2003, ch 129, 1; SL 2008, ch 112, 1. The penalty and fines for marijuana possession increase for larger quantities. View the 2021 South Dakota Codified Laws | View Previous Versions of the South Dakota Codified Laws 2010 South Dakota Code Title 22 - CRIMES Not so in its approach to drugs. This includes: Not knowing the law in South Dakota is no excuse for breaking it. 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. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. The measure is only good for people with serious health conditions. 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. A vehicle is subject to forfeiture if it is used to facilitate the transportation, possession or concealment of any illegal controlled substance or eight ounces or more of marijuana. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. 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. Today we learn that South Dakota Governor Kristi Noem signed into law a bill legalizing fentanyl test strips . In November 2020, South Dakota will vote whether to legalize recreational use. 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. 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. The judge will probably require community service as well. The state also requires a new driving, knowledge, and vision test. Amendment A required the South Dakota State Legislature to pass laws providing for a program for medical marijuana and the sale of hemp by April 1, 2022. 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. Also, disorderly conduct resulting from marijuana intoxication is an offense in South Dakota. Knowing the drug and alcohol laws in South Dakota is the first step. 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 . - "Poynter" fonts provided by fontsempire.com. 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. (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. 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 State Government currently lists CBD as a Schedule IV drug. South Dakota voters approved medical marijuana in 2020. 2023 Rehab Adviser. 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 . 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. Only patients or caregivers 21 years or older may cultivate medical marijuana. All drivers charged with DUI must pay a reinstatement fee. 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. 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. This type of possession arises merely from the fact that there are metabolites of a drug in your system. All intending home growers of medical marijuana must get approval from the DOH and join South Dakotas marijuana program. Native Americans make up only 7 percent of the states population but constitute nearly one-third (31 percent) of the state prison population. 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. Punishments include at least a one-year drivers license suspension. South Dakota Drug Laws . Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. The DOH issues a two-part registry identification card to medical marijuana growers. Drivers in South Dakota are impaired if their blood alcohol level (BAC) is above .08. It is not a defense to the provisions of this section that school was not in session. 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. Young adults will serve at the county jail. The Centers for Disease Control (CDC) states that South Dakota has a zero tolerance policy for all drivers under 21. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances as felony--Mandatory sentences, Written prescription required to dispense Schedule II substance--Refills prohibited--Felony, Oral prescription permitted for Schedule II substance under specified conditions. If they make errors that infringe on your rights, that can affect the validity of the case against you. Votesmall https://commons.wikimedia.org/wiki/File:Black_Hills_outside_Deadwood,_South_Dakota.jpg, {{ post.roar_specific_data.api_data.analytics }}. Source:SL 1983, ch 180, 2; SL 1984, ch 172, 2. Any additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. A violation of this section is a Class 4 felony. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. 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. Judges can also impose a civil penalty up to $10,000. In addition, the courts may impose fines not exceeding $20,000. and not in lieu of, any civil or administrative penalty or sanction authorized by law. A first offense means at least one year in a state penitentiary. 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. It is not an offense to be high in public. Proponents of the measures are hopeful that the changes. 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. All intending home growers must include photography of their intended cultivation site with their application. One or two prior felony convictions. However, the period of incarceration and fines increases with the amount of marijuana in the minor's possession. They may also distribute one ounce or less of marijuana without payment or other consideration. 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. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. Two ounces or less: A jail sentence of one year and fines not exceeding $2,000. 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. SB 5476 also allows judges to set personal use amounts for drug possession laws by that point. A second offense or more comes with a 10-year prison sentence. The bill's provisions expire by July 1, 2023. It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, . 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. Cocaine is also considered a Schedule 1 drug in South Dakota. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. This only applies to adults age 21 or older. 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. 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