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 §
SDCL § 22-42-2.3 — under CONTROLLED SUBSTANCES AND MARIJUANA.
SDCL § 22-42-2.3
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 §