Title 34, PUBLIC HEALTH AND SAFETY

Terms as used in this chapter mean: (1) "Administer," to deliver a controlled drug or substance to the ultimate user or human research subject by injection, inhalation, or ingestion, or by any other means; (2) "Agent," an authorized person who acts on behalf of or at the directio…

All controlled drugs and substances listed in §§ 34-20B-11 to 34-20B-26 , inclusive, are hereby controlled. The schedules set forth in said sections include the controlled drugs and substances listed or to be listed, by whatever official name, common or usual name, or trade name …

The Department of Health is hereby authorized to contract with agencies of the federal, state, or local government or any private organization or foundation for the purposes of carrying out its functions under this chapter. Source: SL 1974, ch 263 ; SDCL Supp, § 39-17-150.1.

The Department of Social Services may establish and operate a residential alcohol and drug abuse treatment program at the South Dakota Human Services Center at Yankton. Source: SL 1975, ch 255 , § 1; SDCL Supp, § 39-17-151.3; SL 1985, ch 278 , § 57; SL 1989, ch 21 , § 160; SL 201…

To be included within Schedule I, a substance shall have: (1) A high potential for abuse; (2) No accepted medical use in the United States; and (3) A lack of accepted safety for use under medical supervision. Source: SL 1970, ch 229 , § 8 (a); SDCL Supp, § 39-17-54; SL 1976, ch 1…

If a provision of this chapter is held unconstitutional or invalid, all constitutional or valid provisions that are severable shall remain in effect. If a provision of this chapter is held unconstitutional or invalid in one or more of its applications, the provision shall remain …

This chapter may be cited as the State Drugs and Substances Control Act. Source: SL 1970, ch 229 , § 17; SDCL Supp, § 39-17-155.

Any of the following actions are unlawful: (1) To knowingly sell or distribute a kratom product to a person under the age of twenty-one; (2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of a kratom product by a person …

No person may prepare, sell, or distribute a kratom product that: (1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product; (2) Contains synthetic mitragynine, synthetic 7-hydroxymitragynine,…

The opioid abatement and remediation fund is established in the state treasury. Money received from the following sources may be deposited into the fund: (1) Money received by the state pursuant to settlements or judgments relating to opioids; (2) Any gifts, bequests, or donation…

The following actions are unlawful: (1) To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one, unless the…

No person or entity may: (1) Chemically modify or convert industrial hemp as defined in § 38-35-1 , or engage in any process that converts cannabidiol, into delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, or any other tetrahydrocannabino…

Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific che…

Any of the following opium derivatives and opiates, their salts, isomers, esters, ethers, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of the salts, isomers, esters, ethers, and salts of isomers, esters,…

Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of the salts, isomers, and salts of i…

To be included within Schedule II, a substance shall have: (1) A high potential for abuse, (2) Currently accepted medical use in the United States, or currently accepted medical use with severe restrictions, and (3) Abuse which may lead to severe psychic or physical dependence. S…

Any of the following substances, including their salts, isomers, and salts of isomers, is included in Schedule II except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by mea…

Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule II, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chem…

To be included within Schedule III, a substance shall have: (1) A potential for abuse less than the substances listed in Schedules I and II; (2) Well documented and approved medical use in the United States; and (3) Abuse which may lead to moderate or low physical dependence or h…

Any material, compound, mixture, or preparation is included in Schedule III which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (1) Benzphetamine; (2) Chlorphentermine; (3) Phendime…

For the purposes of § 34-20B-19 , the term, ephedrine includes ephedra, herbs and herbal products that contain ephedrine alkaloids, including ma huang, Chinese ephedra, ephedra sinica, ephedra herb powder, epitonin, or any extract of those substances, but the term does not includ…

For the purposes of this chapter, unless the context otherwise requires, "drug" means: (1) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, u…

Any material, compound, mixture, or preparation is included in Schedule III that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Any substance that contains any quantity of a der…

For the purposes of § 34-20B-20 , the term, gamma hydroxyl butyrate, includes gamma-butyrolactone, 1,4-butanediol or any other substances which convert to gamma hydroxyl butyrate upon ingestion. However, the term does not include any product which is lawfully used for mechanical,…

Any material, compound, mixture, or preparation that contains xylazine is a Schedule III controlled drug or substance, except in the following cases: (1) Dispensing, prescribing, or administering, to an animal, a drug containing xylazine that has been approved by the United State…

Any material, compound, mixture, or preparation that contains medetomidine is a Schedule III controlled drug or substance, except in the following cases: (1) Dispensing, prescribing, or administering, to an animal, a drug that contains medetomidine and has been approved by the Un…

The department may by rules promulgated pursuant to chapter 1-26 except any compound, mixture, or preparation containing any stimulant, depressant substance, or anabolic steroid listed in §§ 34-20B-19 , 34-20B-20 , and 34-20B-22 if the compound, mixture, or preparation contains o…

The following are included in Schedule III: (1) Nalorphine; (2) Preparations which contain both Tiletamine and Zolazepam; (3) Anabolic steroids as listed in § 34-20B-4.1 ; (4) Ketamine. Source: SL 1970, ch 229 , § 8 (c); SDCL Supp, § 39-17-65; SL 1971, ch 224 , §§ 1, 2; SL 1988, …

Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof is included in Schedule III: (1) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with …

To be included within Schedule IV, a substance shall have: (1) A low potential for abuse relative to the substances listed in Schedule III; (2) Currently accepted medical use in the United States; and (3) Limited physical dependence or psychological dependence liability or potent…

The following are included in Schedule IV: (1) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clindinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens); (2) Clonazepam; (3) Clorazepate; (4) Diazepam; (5) Flunitrazepam…

Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs is included in Schedule IV which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or prepar…

The department shall make recommendations to the Legislature that a substance be added, deleted, or rescheduled when the department determines that such substance has a different potential for abuse. Source: SL 1970, ch 229 , § 7 (a); SDCL Supp, § 39-17-69; 9SL 1976, ch 158, § 42…

If the department designates a substance as an "immediate precursor," substances which are precursors of such designated immediate precursors shall not be subject to control solely because they are precursors of the controlled precursor. Source: SL 1970, ch 229 , § 7 (c); SDCL Su…

Terms used in §§ 34-20B-28.2 to 34-20B-28.6 , inclusive, unless the context plainly otherwise requires, mean: (1) "Code imprint," a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer or dis…

No legend drug in solid dosage form may be manufactured or distributed in this state unless it is clearly marked or imprinted with a code imprint identifying the drug and the manufacturer or distributor of the drug. Source: SL 1980, ch 241 , § 2.

All manufacturers and distributors of legend drugs in solid dosage form shall provide upon request to the Board of Pharmacy a listing of all such legend drugs identifying by code imprint the manufacturer and the specific type of drug. Such listing shall at all times be kept curre…

The Board of Pharmacy may grant exemptions from the requirements of §§ 34-20B-28.1 to 34-20B-28.6 , inclusive, upon application by any drug manufacturer or distributor showing size, physical characteristics, or other unique characteristics which render the application of a code i…

All legend drugs in solid dosage form that are possessed, distributed, sold, or offered for sale in violation of the provisions of §§ 34-20B-28.1 to 34-20B-28.6 , inclusive, shall be deemed contraband and shall be seized by the Board of Pharmacy and summarily forfeited to the sta…

It is a Class 2 misdemeanor for a person to dispense, sell or otherwise provide to any other person any legend drug in solid dosage form that fails to comply with §§ 34-20B-28.1 to 34-20B-28.5 , inclusive. Source: SL 1980, ch 241 , § 6.

Any person who prescribes, manufactures, distributes, or dispenses any controlled drug or substance within this state or who proposes to engage in the prescribing, manufacture, distribution, or dispensing of any controlled drug or substance within this state, shall obtain a regis…

For the purposes of this chapter, unless the context otherwise requires, "controlled drug or substance" means a drug, substance, or immediate precursor in Schedules I through IV of §§ 34-20B-11 to 34-20B-26 , inclusive. Source: SL 1970, ch 229 , § 6 (e); SDL Supp, § 39-17-46; SL …

A controlled substance analogue shall be treated as a controlled substance in schedule I. Source: SL 2013, ch 156 , § 2, eff. Mar. 6, 2013.

The following persons shall not be required to register under the provisions of § 34-20B-29 : (1) An agent, or an employee thereof, of any manufacturer, distributor, or dispenser of any controlled drug or substance if such agent is acting in the usual course of his business or em…

The department may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if the department finds it consistent with the public health and safety. Source: SL 1970, ch 229 , § 9 (c); SDCL Supp, § 39-17-75.

The department shall permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled drugs and substances prior to July 1, 1972, and who are registered or licensed by the state. Source: SL 1970, ch 229 , § …

A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled drugs and substances. Source: SL 1970, ch 229 , § 9 (d); SDCL Supp, § 39-17-77.

The department shall register an applicant to manufacture and distribute controlled drugs and substances included in Schedules I through IV of §§ 34-20B-11 to 34-20B-26 , inclusive, unless it is determined that the issuance of such registration is inconsistent with the public int…

Registration granted under § 34-20B-29 shall not entitle a registrant to manufacture and distribute controlled drugs and substances in Schedules I and II other than those specified in the registration. Source: SL 1970, ch 229 , § 9 (g); SDCL Supp, § 39-17-79.

Practitioners shall be registered to dispense substances in Schedules II through IV if they are authorized to dispense under the law of this state. Source: SL 1970, ch 229 , § 9 (h); SDCL Supp, § 39-17-80.