Title 34, PUBLIC HEALTH AND SAFETY

The department is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated under § 34-20B-41 . Source: SL 1970, ch 229 , § 9 (e); SDCL Supp, § 39-17-86.

The department may promulgate rules pursuant to chapter 1-26 relating to exclusions from uniform drug articles pursuant to subdivision 34-20B-2(1); the definition of precursors; exceptions from Schedule III of stimulants, depressants, and anabolic steroid-estrogen combinations in…

No person who is a registrant shall manufacture, distribute, or dispense a controlled drug or substance not authorized by his registration to another registrant or other authorized person. A violation of this section may be punished by a civil fine of not more than ten thousand d…

No person shall omit, remove, alter, or obliterate a symbol required by this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 1 misdemeanor. Source: SL 1970,…

No person shall refuse or fail to make, keep, or furnish any record, report, notification, order form, statement, invoice, or information required under this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, i…

Any person who violates any of §§ 34-20B-42 to 34-20B-44 , inclusive, is punishable by a civil fine of not more than ten thousand dollars. In addition, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the …

It is a Class 5 felony for any person who is a registrant knowingly to distribute a controlled drug or substance classified in Schedules I or II, in the course of his legitimate business, except pursuant to an order form as required by this chapter. Source: SL 1970, ch 229 , § 10…

It is a Class 5 felony for any person knowingly to use in the course of the manufacture or distribution of a controlled drug or substance a registration number which is fictitious, revoked, suspended, or issued to another person. Source: SL 1970, ch 229 , § 10 (e) (2); SDCL Supp,…

It is a Class 5 felony for any person knowingly to furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this cha…

Any penalty imposed for violation of §§ 34-20B-42 to 34-20B-48 , 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); SDCL Supp, § 39-17-112; SL 1977, ch 189 , § 123.

In case of the death of either party, the right of action given in chapter 34-20C shall survive to or against such party's personal representative. Source: SL 1977, ch 316 ; SL 1997, ch 203 , § 15.

All suits for damages under chapter 34-20C shall be by civil action in any court of this state having jurisdiction thereof, which shall be commenced within two years of the date on which the injury was incurred. Source: SL 1977, ch 316 ; SL 1997, ch 203 , § 21.

All damages recovered by a minor under chapter 34-20C shall be paid to such minor or to the minor's parent or conservator as the court directs. Source: SL 1977, ch 316 ; SL 1993, ch 213 , § 228; SL 1997, ch 203 , § 20.

The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in drugs and substances. Source: SL 1970, ch 229 , § 5 (a);…

The Department of Health shall cooperate with the federal drug enforcement administration by establishing a centralized unit which shall accept, catalogue, file, and collect statistics, and make such information available for federal, state, and local law enforcement purposes. So…

It shall be the duty of all departments, officers, agencies, and employees of the State of South Dakota to cooperate with the Department of Health in carrying out its functions under this chapter or any other act. Source: SL 1970, ch 229 , § 4; SDCL Supp, § 39-17-117.

The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, arrange for the exchange of information between governmental officials concerning the use and abuse of drugs and substances. Source: SL 1970, ch 229 , § 5 (b); SD…

The governing bodies of the several counties and municipalities in the state are hereby authorized to establish funds and make appropriations thereto for the purpose of enforcing the provisions of this chapter. Source: SL 1970, ch 229 , § 13; SDCL Supp, § 39-17-119.

Funds established pursuant to § 34-20B-58 may be expended confidentially for the purpose of making purchases and acquisitions of drugs and substances which are illegal under this chapter, when such purchases are necessary to obtaining convictions under this chapter. Source: SL 19…

Funds established pursuant to § 34-20B-58 may further be expended confidentially to employ special agents, pay their salaries and expenses, for the purpose of providing undercover assistance to local law enforcement officials in gathering evidence of violations of this chapter, m…

It is hereby made the duty of the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and of all state's attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged wi…

The Office of the Attorney General shall retain authority for all prosecutions and other actions at law in the enforcement of this chapter. Source: SL 1974, ch 261 , § 8; SDCL Supp, § 39-17-122.1.

Any officer or employee of the Division of Criminal Investigation designated by the attorney general may: (1) Carry firearms; (2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this st…

There is hereby created in the state treasury a special revolving fund to be known as the "drug control fund," which shall be administered by the attorney general. The attorney general may authorize expenditure of moneys in the fund for purchase of controlled drugs and substances…

It is hereby made the duty of all peace officers within the state to cooperate with the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and to carry out all lawful orders issued by the Division of Criminal Investigation, its officers, ag…

The trial courts of the state shall have jurisdiction in proceedings in accordance with the rules of these courts to enjoin violations of this chapter. Source: SL 1970, ch 229 , § 11 (d) (1); SDCL Supp, § 39-17-127.

In case of an alleged violation of an injunction or restraining order issued under § 34-20B-68 , trial shall, upon demand of the accused, be by jury in accordance with the rules of the state courts. Source: SL 1970, ch 229 , § 11 (d) (2); SDCL Supp, § 39-17-128.

The following are subject to forfeiture pursuant to chapter 23A-49 and no property right exists in them: (1) All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapt…

All property described in subdivision 34-20B-70(1) shall be deemed contraband and shall be summarily forfeited to the state. Controlled substances or marijuana which are seized or come into possession of the state, the owners of which are unknown, shall be deemed contraband and s…

All substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the provisions of this chapter shall be deemed contraband and seized and summarily forfeited to the state. Similarly, all substances listed in Schedule I, which are seiz…

All species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to t…

In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.…

No liability shall be imposed by virtue of this chapter upon any duly authorized local, state, or federal officer engaged in the enforcement of this chapter, or who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled drugs and substances. …

All final determinations, findings, and conclusions of the department under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by such decision may obtain review of the decision in the circuit court. Findings of fact by …

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 to IV, inclusive; (2) "Illegal drug," a controlled drug or substance or marijuana whose distribution is a violation of…

Any person entitled to bring an action under § 34-20C-8 may recover only the following damages: (1) Economic damages, including the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or …

A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community: (1) For Level 4 participation, the county in which the defendant's place of participation is si…

Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other pla…

Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to…

Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may s…

Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. Source…

Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market dur…

Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture …

A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. For a plaintiff, the statute of lim…

On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: SL 1997, ch 20…

Any person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. Any law enforcement officer or agency or a person acting at the direction of a law enforcement officer or agency is not liable for participa…