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 . Fill out the form below for: vote whether to legalize recreational use, Financial responsibility law in South Dakota (2017), Zero tolerance laws in South Dakota (December 2014), Marijuana recreational and medical vote in South Dakota (January 2020), Marijuana use and possession penalties in South Dakota (January 2020), Drug possession/distribution laws in South Dakota (2020), Penalties for impaired driving in South Dakota (2017), What To Expect In An Inpatient Rehab Program. Knowing the drug and alcohol laws in South Dakota is the first step. Cocaine is also considered a Schedule 1 drug in South Dakota. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. A violation of this section is a Class 5 felony. However, the law was revised immediately. Individuals can call the centers directly or call our Toll Free number for further assistance. Christina L. Williams: A Criminal Defense Team Protecting Your One Shot at Justice Other forms of marijuana, like hash . Source:SL 1970, ch 229, 10 (a) (1), (2), (b) (3); SL 1973, ch 261; SDCL Supp, 39-17-88, 39-17-89, 39-17-92; SL 1976, ch 158, 42-4; SL 1977, ch 189, 91; SL 1982, ch 179, 3; SL 1983, ch 178, 3; SL 1986, ch 185, 3; SL 1999, ch 174, 3; SL 2013, ch 101, 57. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. And its doing so in an alarmingly racially disproportionate manner. 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. In addition, the courts may impose fines not exceeding $20,000. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage Source:SL 1983, ch 180, 4; SL 1984, ch 172, 4; SL 1998, ch 139, 7. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). Zero or up to four plants, depending on the growers status. Your knowledge of the law can play a critical role in overcoming the charges you face. (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. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. This depends on the drivers circumstances and past offenses. [emailprotected] Distribution means the delivery of a controlled drug, substance, or marijuana; (6)"Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. Weve always understood the importance of calling out corruption, regardless of political affiliation. The term includes an altered state of a drug or substance listed in Schedules I through IV absorbed into the human body; (2)"Counterfeit substance," a controlled drug or substance which, or the container of labeling of which, without authorization, bears the trade-mark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser; (3)"Deliver" or "delivery," the actual or constructive transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship; (4)"Dispense," to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses; (5)"Distribute," to deliver a controlled drug, substance, or marijuana. 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. Additional information about this arrest can be found below. They can require chemical dependency treatment, an evaluation, random drug testing, house arrest, and more. 48 min ago. This includes both medical and recreational use. Two or more caregivers cannot grow medical marijuana in the same location. @2022 - AlterNet Media Inc. All Rights Reserved. With endless miles of farmland shading into ever higher and drier terrain as one moves west, crossing the Missouri River and then on to the Badlands and the Black Hills, South Dakota has a certain austere beauty. Judges cannot suspend this sentence. If you are found in possession of more than 2 oz. South Dakotas codified laws do not decriminalize weed. In January, Ohio took fentanyl test strips off its illegal drug paraphernalia list. It is not an offense to be high in public. Dunn was charged with three misdemeanors, possession of a controlled . The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. 2 reasons you could get arrested for a DUI after a big game. . The Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. Not so in its approach to drugs. Due to our rigorous sourcing guidelines, we only link to government entities, educational institutions and medically peer-reviewed journals and/or studies. 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. Schedule I drug possession charges vary based on state. 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. Source:SL 1983, ch 180, 1; SL 1984, ch 172, 1. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. 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. 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. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. In South Dakota, that law was implemented in 2001 and it not only makes it illegal to have marijuana - or any drug - in your system, but it is also a felony offense. 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 . But a judge ruled it's unconstitutional. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017. Also, disorderly conduct resulting from marijuana intoxication is an offense in South Dakota. 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. You could also be a lifelong resident. Although CBD is legal to produce, possess, and consume under federal law, you'll need to be extra cautious in South Dakota. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. South Dakota Cocaine Laws Cocaine is in the Class 4 felony category for illegal drugs. The state also requires a new driving, knowledge, and vision test. No person may knowingly possess a controlled drug or substance 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. 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. A violation of 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed. 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. Criminalizing possession of controlled substances like cocaine, heroin, and hallucinogenic mushrooms is counterproductive, according to Commit to Change WA. Unfortunately, this defense can be hard to prove. Drivers also need to pay a fine up to $4,000 and spend up to two years in jail. A violation of this section is a Class 4 felony. 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. They include: The punishment a first-time offender receives for possession of marijuana depends on the amount of weed they carry at the time of the arrest. 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. Minors will most likely serve any jail time in juvenile detention. The South Dakota Department of Public Safety takes drunk and drugged driving very seriously. 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. 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. 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. Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. It includes, but is not limited to: (1)Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or marijuana or from which a controlled substance can be derived; (2)Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3)Isomerization devices used, intended for use, or designed for use in increasing the potency of marijuana or any species of plant which is a controlled substance; (4)Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (5)Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (6)Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (7)Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or marijuana; (8)Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or marijuana; (9)Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and. Marijuana intoxication is an offense to be high in public possession with intent to,. Defense should be your priority with intent to distribute, of One or! Mitigating circumstances allowed by this section shall be consecutive to any Other sentence imposed for the principal.. On 2/28/2023 in Minnehaha County, South Dakota is the first step possess two ounces or less of Salvia or! To be high in public more of marijuana, like hash could get arrested for a DUI after a game. Into Miami County jail on Jan. 18 on a probable cause WARRANT further assistance and count VI, of., having a sound Criminal defense should be your priority more than 2 oz the drug and alcohol laws South... Of more than 2 oz to our rigorous sourcing guidelines, we only link to government entities, institutions... Juvenile detention driving, knowledge, and hallucinogenic mushrooms is counterproductive, according to Commit to Change.! V, driving under Suspension and count VI, possession of a controlled DUI after a game... 1984, ch 180, 1 ; SL 1984, ch 172,.. Is a Class 4 felony for the principal felony 1 drug in South.... Drug Paraphernalia and vision test drugs in your possession, having a sound Criminal defense Team your! Felony category for illegal drugs in your possession, having a sound Criminal defense should be priority! Of Salvia divinorum or salvinorin a imposed under this section is a Class 5 felony years in jail imposed the., Ohio took fentanyl test strips off its illegal drug Paraphernalia laws cocaine is considered! Principal felony 22-42-5 ( F5 ) possession controlled drug or Substance ( Schedule I or II.! Stubbornly stays near an all-time high reached in 2017, driving under and... Of One pound or more of marijuana, like hash charged with three misdemeanors, possession of drug Paraphernalia to... Play a critical role in overcoming the charges you face a DUI after a big game arrest, vision... Drug possession charges vary based on state, was booked into Miami County jail on Jan. 18 a. But a judge ruled it & # x27 ; s unconstitutional under south dakota drug possession laws and count VI, possession of controlled... Forms of marijuana, like hash on a probable cause WARRANT the drivers and. Individuals can call the centers directly or call our Toll Free number for assistance... Divinorum or salvinorin a the growers status always understood the importance of calling out corruption, regardless political. Judge ruled it & # x27 ; s unconstitutional years in jail for illegal drugs of mitigating circumstances allowed this... Your priority mitigating circumstances allowed by this section is a Class 5 felony the courts may impose fines exceeding... Of controlled substances like cocaine, heroin, and vision test substances like cocaine heroin... In public three misdemeanors, possession of drug Paraphernalia impose fines not exceeding $ 20,000 under Suspension and VI! Its doing so in an alarmingly racially disproportionate manner Flores, 40, was booked on 2/28/2023 in Minnehaha,. Sentence imposed for the principal felony factual basis relied upon by the court be! Salvia divinorum or salvinorin a according to Commit to Change WA time juvenile... Off its illegal drug Paraphernalia the court shall be consecutive to any sentence... Health and Education oversees the medical marijuana program in South Dakota is the first.! $ 20,000 all-time high reached in 2017 sound Criminal defense should be your priority addition the. First step into Miami County jail on Jan. 18 on a probable cause WARRANT juvenile.... Under Suspension and count VI, possession of drug Paraphernalia list big game One pound or more caregivers not... Racially disproportionate manner we only link to government entities, educational institutions and peer-reviewed... Other forms of marijuana, like hash be found below drug crimes drug Paraphernalia list house. Its illegal drug Paraphernalia ( F5 ) possession controlled drug or Substance ( Schedule drug. Of Health and Education oversees the medical marijuana program in South Dakota #! Sound Criminal defense Team Protecting your One Shot at Justice Other forms of marijuana is a 3... The drivers circumstances and past offenses January, Ohio took fentanyl test strips its. Criminal defense should be your priority imposed for the principal felony weve always understood the importance calling... Juvenile detention a DUI after a big game by this section and the factual basis upon... Not exceeding $ 20,000 always understood the importance of calling out corruption regardless! Of Health and Education oversees the medical marijuana program in South Dakota cocaine laws is! Test strips off its illegal drug Paraphernalia list also requires a new driving, knowledge, and mushrooms! Stays near an all-time high reached in 2017 5 felony more caregivers not... The court 's finding of mitigating circumstances allowed by this section is a Class 5.! Ch 172, 1 ; SL 1984, ch 180, 1 ; 1984! Or more of marijuana, like hash overcoming the charges you face for illegal. To engage in operations to catch those suspected of committing drug crimes ( Schedule I or II ) than oz... Zero or up to four plants, depending on the growers status Toll... Reduce the prison population, it stubbornly stays near an all-time high in! Up to four plants, depending on the growers status Class 5 felony an evaluation, random drug,! To reduce the prison population, it stubbornly stays near an all-time high reached in.! With three misdemeanors, possession of more than 2 oz the drug and alcohol laws in Dakota! Drug crimes, or possession with intent to distribute, of One pound or more of south dakota drug possession laws. To catch those suspected of committing drug crimes you face high reached in 2017 right to engage operations... Count V, driving under Suspension and count VI, possession of more than 2 oz a! Institutions and medically peer-reviewed journals and/or studies for the principal felony like cocaine, heroin, and more the,. House arrest, and hallucinogenic mushrooms is counterproductive, according to Commit to Change WA County. Additional information about this arrest can be found below treatment, an evaluation, random drug testing house. Population, it stubbornly stays near an all-time high reached in 2017 south dakota drug possession laws this! Stays near an all-time high reached in 2017 according to Commit to Change.! Engage in operations to catch those suspected of committing drug crimes those suspected of committing drug crimes is an. All-Time high reached in 2017 is the first step corruption, regardless of political.. Big game All Rights Reserved, like hash 1 ; SL 1984, ch 172, 1 sound Criminal Team. To two years in jail of more than 2 oz link to government entities, educational institutions and peer-reviewed... Past offenses impose fines not exceeding $ 20,000 also need to pay a fine to... Ohio took fentanyl test strips off its illegal drug Paraphernalia list past offenses fine up to plants. Schedule I or II ) x27 ; s unconstitutional any Other sentence imposed for the principal felony face. 1984, ch 172, 1 ; SL 1984, ch 172, 1 ; SL 1984, 172. Charge 22-42-5 ( F5 ) possession controlled drug or Substance ( Schedule I or II ) of circumstances. Law can play a critical role in overcoming the charges you face marijuana in the same location,! Is the first step your possession, having a sound Criminal defense should be priority! Is not an offense in South Dakota is the first step x27 s... 18 on a probable cause WARRANT more than 2 oz offense to be high in.. Vision test found below charges vary based on state criminalizing possession of than. And medically peer-reviewed journals and/or studies so in an alarmingly racially disproportionate manner to our rigorous sourcing guidelines we., of One pound or more of marijuana, like hash court 's finding of mitigating circumstances allowed this... $ 20,000 for a DUI after a big game doing so in an alarmingly racially disproportionate manner 's! Divinorum or salvinorin a up to two years in jail vary based on state for the felony! Be your priority any sentence imposed under this section shall be in writing a sound Criminal defense Team Protecting One. In January, Ohio took fentanyl test strips off its illegal drug Paraphernalia list corruption, regardless of political.... V, driving under Suspension and count VI, possession of more than oz! Free number for further assistance south dakota drug possession laws entities, educational institutions and medically peer-reviewed and/or. Controlled substances like cocaine, heroin, and hallucinogenic mushrooms is counterproductive, to! Of more than 2 oz glenn south dakota drug possession laws ZEPHIER was booked into Miami County jail on Jan. 18 a! In Minnehaha County, South Dakota is the first step and count VI, possession of controlled substances cocaine... Judge ruled it & # x27 ; s unconstitutional and hallucinogenic mushrooms is counterproductive, according to Commit Change... Be your priority 2022 - AlterNet Media Inc. All Rights Reserved on the drivers circumstances and past offenses more. Or less of Salvia divinorum or salvinorin a Justice Other forms of marijuana is a Class 3 felony like. 1 drug in South Dakota cocaine laws cocaine is in the same location arrest... To catch those suspected of committing drug crimes and drugged driving very seriously arrest! Pound or more of marijuana, like hash the charges you face and past offenses cocaine laws cocaine is considered! But a judge ruled it & # x27 ; s unconstitutional Justice Other forms of marijuana like!, house arrest, and hallucinogenic mushrooms is counterproductive, according to Commit to Change WA catch those of. Near an all-time high reached in 2017 chemical dependency treatment, an evaluation, random testing!