Title 22, CRIMES

Notwithstanding § 22-40-22 , if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the…

If an information holder discovers circumstances that require notification pursuant to § 22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. § 1681a in effect as of January 1, 2018, and any oth…

The attorney general may prosecute each failure to disclose under the provisions of §§ 22-40-19 to 22-40-26 , inclusive, as a deceptive act or practice under § 37-24-6 . In addition to any remedy provided under chapter 37-24 , the attorney general may bring an action to recover o…

22-40-21 Delay of notice that would impede criminal investigation. 22-40-22 Types of notice of breach of system security. 22-40-23 Notice of breach of system security in accordance with information holder's policies. 22-40-24 Notice to consumer reporting agencies. 22-40-25 Prosec…

If any person, without the authorization or permission of another person and with the intent to deceive or defraud: (1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or (2) Accesses or attemp…

For the purposes of §§ 22-40-8 to 22-40-10 , inclusive, identifying information includes: (1) Birth certificate or passport information; (2) Driver's license numbers or tribal identification card information; (3) Social security or other taxpayer identification numbers; (4) Check…

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…

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 …

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.

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 …

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…

Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1 , for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing w…

Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor. Source: SL 2011, ch 118 , § 1.

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: …

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…

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…

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; …

Except as authorized by this chapter or chapter 34-20B , no person may manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; create or distribute a counter…

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…

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…

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 . The court's finding of mitigating circumstances allowed by…

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 § 22-42-2 . Source: SL 1989, ch 202 .

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)…

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.

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.

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 , §…

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 …

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…

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.

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 …

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 …

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…

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 .

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…

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 …

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…

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…

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…

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…

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…

For purposes of this chapter, the term, drug paraphernalia, means any equipment, product, or material that is primarily used, intended for use, or designed for use by the person in possession of it, in planting, propagating, cultivating, growing, harvesting, manufacturing, compou…

In determining whether an object is drug paraphernalia as defined in § 22-42A-1 , a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2…

No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, i…

No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate,…

Any person who confers, or agrees to confer, directly or indirectly, any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with intent to influence the employee's, agent's, or fiduciary's conduct in relation to that person's…

Any employee, agent, or fiduciary who, without consent of that person's employer or principal, solicits, accepts, or agrees to accept any benefit, directly or indirectly, from another person upon an agreement or understanding that such benefit will influence his or her conduct in…