Title 22 — CRIMES

62 chapters · 771 sections in this title.

32 sectionsFiltered byTitle 22 Ch 42

SDCL § 22-42-1 Definitions
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Terms used in this chapter mean: (1) "Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. The term includes an altered state of a drug or substance listed in Schedules I through IV absorbed into t…
SDCL § 22-42-10 Keeping place for use or sale of controlled substances as felony
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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. Source: SL 1970, ch 229 , § 10 …
SDCL § 22-42-11 Inhabiting room where controlled substances illegally stored or used as misdemeanor
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Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor. Source: SL 1970, ch 229 , § 10 (j); SDCL Supp, § 39-17-110; SL 1977, ch 189 , § 87.
SDCL § 22-42-12 Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program
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Any person who violates any provision of §§ 22-42-2.1 , 22-42-4.1 , 22-42-4.2 , and 22-42-10 , is punishable by a civil fine of not more than ten thousand dollars. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to …
SDCL § 22-42-13 Criminal penalties in addition to civil and administrative penalties
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Any penalty imposed for a violation of any provision of §§ 22-42-2 to 22-42-6 , inclusive, or §§ 22-42-8 to 22-42-10 , inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. Source: SL 1970, ch 229 , § 10 (g); SD…
SDCL § 22-42-14 Repealed by SL 1982, ch 262 , § 1 22-42-15 Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation
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22-42-15.1 Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor. 22-42-16 Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony. 22-42-17 Controlled substances obtained concurrently fr…
SDCL § 22-42-16 Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony
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No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Any person who violates this section is guilty of a Class 6 felony. Source: …
SDCL § 22-42-17 Controlled substances obtained concurrently from different medical practitioners--Misdemeanor
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Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical pract…
SDCL § 22-42-18 Definitions of terms used in §§ 22-42-19 to 22-42-21 , inclusive
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Terms used in §§ 22-42-19 to 22-42-21 , inclusive, mean: (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, swi…
SDCL § 22-42-19 Drug free zones created--Violation as felony--Sentence--Defense
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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; …
SDCL § 22-42-2.1 Written prescription required to dispense Schedule II substance--Refills prohibited--Felony
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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. No prescription for a Schedule II drug or substance sha…
SDCL § 22-42-2.2 Oral prescription permitted for Schedule II substance under specified conditions
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Notwithstanding § 22-42-2.1 , a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that: (1) Immediate administration of the controlled substance…
SDCL § 22-42-2.3 Mitigating circumstances--Departure from mandatory sentence
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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 § 22-42-2.4 Conspiracy to commit violation of § 22-42-2 --Punishment same as provided under that section
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Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of § 22-42-2 is the same as the punishment for violating §
SDCL § 22-42-2.5 Findings required for sentence imposed without regard to statutory minimum sentence
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For any offense under § 22-42-4.3 or § 22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B , the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that: (1)…
SDCL § 22-42-20 Violation of drug - free zones as separate count in indictment
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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. Source: SL 1992, ch 168 , § 3.
SDCL § 22-42-21 Lack of knowledge as to age of minor not a defense
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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. Source: SL 1992, ch 168 , § 4.
SDCL § 22-42-22 Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor
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No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. Source: SL 2009, ch 119 , §…
SDCL § 22-42-23 Controlled Substance--Pregnancy--Assault
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If a woman who was pregnant at the time of an alleged violation of § 22-42-5 or 22-42-5 .1 provides evidence that she: (1) Received adequate prenatal care from a licensed health care professional during her pregnancy; (2) Actively enrolled in an addiction recovery program before …
SDCL § 22-42-24 Driver--Use of marijuana--Motor vehicle--Misdemeanor
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While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person operating or in actual physical control of a motor vehicle smokes or consumes marijuana or marijuana concentrate while the vehicle is being op…
SDCL § 22-42-25 Passenger--Use of marijuana--Motor vehicle--Misdemeanor
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While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person occupying a motor vehicle smokes marijuana or marijuana concentrate while the vehicle is being operated. Source: SL 2021, ch 100 , § 2.
SDCL § 22-42-3 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences
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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 …
SDCL § 22-42-4 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences
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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 IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a …
SDCL § 22-42-4.1 Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony
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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. Such prescription may not be filled or refilled more th…
SDCL § 22-42-4.2 Schedule II, III, or IV substances to be distributed only for a medical purpose
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No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. Source: SL 1970, ch 229 , § 9 (m); SDCL Supp, § 39-17-85; SL 1977, ch 189 , § 83; SL 1980, ch 178 .
SDCL § 22-42-4.3 Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences
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Except as authorized by this section or chapter 34-20B , no person may manufacture, distribute, or dispense more than five grams of methamphetamine, a methamphetamine analog or immediate precursor; possess with intent to manufacture, distribute, or dispense methamphetamine, a met…
SDCL § 22-42-5 Unauthorized possession of controlled drug or substance as felony
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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 …
Unauthorized ingestion of controlled drug or substance--Penalty
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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, acting in the course of the practition…
SDCL § 22-42-6 Possession of marijuana prohibited--Degrees according to amount
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No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one - half pound of marijuana. It is a Class 5 felony to possess one - half pound b…
SDCL § 22-42-7 Distribution or possession with intent to distribute specified amounts of marijuana
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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. The dis…
SDCL § 22-42-8 Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud
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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. Source: SL 1970, ch 229 , § 10 (e) (3); SDCL Supp, § 39-17-106; SL 1977, ch 189 , § 85; SL 1984, ch 2…
SDCL § 22-42-9 Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony
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Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controll…