Legally, South Dakota enforces a .02 BAC for drivers aged 16 to 20. 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. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. 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 . Timeline of Significant U.S. Drug Laws. Revocation of the license for at least one year and mandatory completion of a court-approved chemical dependency program (, Third Offense: Up to two imprisonment and fines not exceeding $4,000. Source:SL 2009, ch 119, 1, eff. Jail record for JOHN LEWIS LONGCROW in Minnehaha County, South Dakota. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. The South Dakota drug trafficking charges are covered under S.D. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. 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. 1977: State legislators successfully passed the law to decriminalize marijuana possession below one ounce from misdemeanor to a $20 civil fine. 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. Arizona Proposition 207, which passed Tuesday, would legalize possession of as much as an ounce of marijuana for adults 21 and older and set up a licensing system for retail sales of the drug,. And now, a new report from the Prison Policy Initiative finds that South Dakota jails more people per capita than any other state, that almost half of all arrests are drug or alcohol related, compared to just 29 percent nationally, and that people of colorin this case, primarily Native Americansare disproportionately arrested at a rate far above the national average. (Other states that jailed more than one out of 50 of their residents were Georgia, Kansas, Kentucky, New Mexico, Oklahoma, and Wisconsin.). 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. However, the law was revised immediately. 2023 Rehab Adviser. As the ACLU noted, This increase was driven almost entirely by a rise in the number of people whose most serious offense was unauthorized ingestion of a controlled substance.. The punishment for minors depends mainly on the quantity of marijuana found in their possession. 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. The law also funds drug addiction treatment from marijuana sales taxes. The judge may restrict, suspend, or revoke the driving license privilege of the minor. 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. 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 . 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. Make a one-time contribution to Alternet All Access, A violation of this section is a Class 4 felony. 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. The Location of Arrest: South Dakota has areas designated as. This type of possession arises merely from the fact that there are metabolites of a drug in your system. 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. It is not a defense to the provisions of this section that school was not in session. (1)"Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. 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. 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/ Weve always understood the importance of calling out corruption, regardless of political affiliation. The panel heard even more disturbing numbers about drug prosecutions. Drivers in South Dakota are impaired if their blood alcohol level (BAC) is above .08. Fentanyl test strips, or FTS, are a drug checking technology that can test drugs for the presence of fentanyl. Also, 75 religious leaders from across Ohio wrote DeWine a letter that urged him to sign the bill if passed. 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. By 2020, medical marijuana would have been authorised by South Dakota voters. Individuals may possess one ounce or less of marijuana. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body Possession by ingestion can potentially result in misdemeanor or felony charges depending on the type of drug or controlled substance alleged to be within your body. In January, Ohio took fentanyl test strips off its illegal drug paraphernalia list. House Bill 234 is the best bill on this subject and the only one with a net positive rating. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. The staunchly conservative state holds the dubious distinction of being the only state to twice defeat a medical marijuana initiative (although activists are giving it another shot this year, and a more wishful legalization initiative, too). "This is incredible," said Kassandra Frederique, executive director of the advocacy group Drug Policy Alliance. In addition, the courts may impose fines not exceeding $20,000. The judge may mandate electronic monitoring and house arrest, especially for first-time minor offenders arrested with large quantities of marijuana. First offense: The first DUI offense is a Class 1 misdemeanor. 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. 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. 113-260) expanded the definition of the term "anabolic . 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. The court also revokes the license for one year and mandates the individual to complete a chemical dependency counseling program (, Fourth Offense: Offenders face up to five years in prison and fines up to $10,000. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. A violation of this section is a Class 5 felony. Two or more caregivers cannot grow medical marijuana in the same location. GLENN was charged with WARRANT original charge 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II). Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. 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. The DOH issues a two-part registry identification card to medical marijuana growers. To ensure that all of our content is credible and thoroughly legitimate, it is medically reviewed and fact-checked for complete accuracy. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. [9] Can you face assault charges when no one got hurt? Dropping ingestion from a felony to a misdemeanor would be a step in the right direction, but its an awfully small step. Initiated Measure 27 legalizes the possession, use, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Today we learn that South Dakota Governor Kristi Noem signed into law a bill legalizing fentanyl test strips . A second offense or more comes with a 10-year prison sentence. and not in lieu of, any civil or administrative penalty or sanction authorized by law. 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. Drivers found guilty lose their license for at least 30 days to one year. However, South Dakota Codified Laws make it legal for patients with qualifying medical conditions to purchase medical marijuana legally. 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. Maybe youre planning a trip to South Dakota to visit Wall Drug and Mount Rushmore. According to court records, 49 . South Dakota is also unique among states in that it is the only state that has a law criminalizing the ingestion of drugs. Anyone convicted of a felony who has one or two prior felony convictions will have their sentence increased to the next severity level, up to a maximum level of a Class C felony. 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. Half pound to one pound: Offenders face five years in prison and a fine of up to $10,000. This depends on the drivers circumstances and past offenses. The state also requires a new driving, knowledge, and vision test. 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 Covid-19 pandemic continues to be catastrophic not only to our health - mental and physical - but also to the stability of millions of people. 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 Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 . 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 (. The patient or caregiver must post one on the door of the locked medical marijuana cultivation site. Second offense: Drivers with a second DUI lose their license for one year. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. (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; The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. Any person who violates this section is guilty of a Class 6 felony. South Dakotas codified laws do not decriminalize weed. 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 distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. Drivers can face additional charges for refusing to take a blood or breath test. A first offense means at least one year in a state penitentiary. 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. They also need to complete chemical dependency counseling and get special insurance. 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. 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. South Dakota law requires courts to impose sentencing enhancements for repeat felony offenders. 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. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. The foundation of a successful entrapment defense typically involves showing you would not have committed the crime without pressure from the authorities or those working for them. 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. South Dakota has one of the strictest marijuana laws in the USA. Drug Asset Civil Forfeiture. Zero or up to four plants, depending on the growers status. Law enforcement will charge any young driver with a BAC higher than .02 with DUI. Source:SL 1970, ch 229, 10 (j); SDCL Supp, 39-17-110; SL 1977, ch 189, 87. The Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. South Dakota currently doesnt permit any use of marijuana. Judges cannot suspend this sentence. But jail is just the gateway to the incarceration complex, and when it comes to long-term stays behind bars, South Dakota displays the same sort of worrying numbers. The bill's provisions expire by July 1, 2023. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. 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. RehabAdviser.com is a tool for individuals seeking to find a Drug and/or Alcohol Rehab. 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. Source:SL 1970, ch 229, 10 (c); SL 1971, ch 225, 3; SDCL Supp, 39-17-95; SL 1976, ch 158, 42-5; SL 1985, ch 186; SL 1998, ch 139, 1; SL 2013, ch 101, 58. 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. 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. JOPLIN, Mo.- A Joplin and Webb City, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing firearms. They may also distribute one ounce or less of marijuana without payment or other consideration. 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. 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. Young adults will serve at the county jail. MOST RELEVANT CASE LAW AND STATUTES 2 STATEMENT OF CASE AND FACTS 3 ARGUMENT I. Although research suggests that FTS could save lives and help spur positive decision-making around drug use, the technology is banned for use in most states. If one of our treatment centers is not a good fit, our representatives may refer you to another detox or treatment center, or the Substance Abuse and Mental Health Services Administration (SAMHSA) hotline to find a program that best suits your needs. Other penalties for a second offense include jail time of up to one year and a fine up to $2,000. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. 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. . 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. Effective July 1, 2017, SD law requires the following prescriber roles with a South Dakota Controlled Substance Registration (SD CSR) to register with the South Dakota Prescription Drug Monitoring Program (SD PDMP): MD, DO, DMD/DDS, OD, DPM, PA, CNP, CNM, and CRNA. 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 . Drivers with a second DUI in a year also need to show proof of financial responsibility. In some cases, whether a drug is legal or illegal depends on why and how it is being used. 10, 2009. Young drivers cannot have any measurable drugs or alcohol in their system. Possession and the recreational use of marijuana of any amount are illegal in South Dakota, and offenders face stiff penalties and fines. (13)Expert testimony concerning its use. Punishments include at least a one-year drivers license suspension. The Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. Drug Possession Statute of Limitations In most cases the statute of limitations for drug charges is 3 years, after which an offender cannot be charged or convicted of the crime. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused. Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders. State and federal drug crime laws prohibit the possession, manufacture, and sale of controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. South Dakota Drug Laws . It also downgraded felony charges to misdemeanors for possessing slightly larger amounts. An individual arrested with less than two ounces of marijuana in South Dakota faces penalties, including incarceration and fines. First Offense: One-year imprisonment in county jail and fines not exceeding $2,000. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM For all of us independent news organizations, its no exception. 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