South Dakota criminal charge

Possession of Salvia divinorum or salvinorin A prohibited in South Dakota

Current through 2026 South Dakota legislative session

Possession of Salvia divinorum or salvinorin A prohibited is a criminal offense under South Dakota law, defined by SDCL § 22-42-22. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by SDCL § 22-42-22.

What is the penalty for possession of salvia divinorum or salvinorin a prohibited in South Dakota?

Penalties for Possession of Salvia divinorum or salvinorin A prohibited
Penalty	Range	Basis	Authority
Jail / prison	up to 1 year (Possession of two ounces or less — Applies when a person possesses two ounces or less of Salvia divinorum or salvinorin A.; county jail)	discretionary	SDCL § 22-6-2
Fine	up to $2,000 (Possession of two ounces or less — Applies when a person possesses two ounces or less of Salvia divinorum or salvinorin A.)	discretionary	SDCL § 22-6-2
Jail / prison	up to 2 years (Possession of more than two ounces — Applies when a person possesses more than two ounces of Salvia divinorum or salvinorin A.)	discretionary	SDCL § 22-6-1
Fine	up to $4,000 (Possession of more than two ounces — Applies when a person possesses more than two ounces of Salvia divinorum or salvinorin A.)	discretionary	SDCL § 22-6-1

Applies to current.

How is possession of salvia divinorum or salvinorin a prohibited classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Possession of Salvia divinorum or salvinorin A prohibited
Variant	Classification	When it applies	Statute
Possession of two ounces or less	Class 1 Misdemeanor	Applies when a person possesses two ounces or less of Salvia divinorum or salvinorin A.	SDCL § 22-42-22undefined
Possession of more than two ounces	Class 6 Felony	Applies when a person possesses more than two ounces of Salvia divinorum or salvinorin A.	SDCL § 22-42-22undefined

Common questions about possession of salvia divinorum or salvinorin a prohibited in South Dakota

Is possession of Salvia divinorum or salvinorin A prohibited a felony or a misdemeanor in South Dakota?

It depends on the circumstances: possession of Salvia divinorum or salvinorin A prohibited ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-42-22.

Possession of two ounces or less: Class 1 Misdemeanor (SDCL § 22-42-22) · Possession of more than two ounces: Class 6 Felony (SDCL § 22-42-22)

What are the penalties for possession of Salvia divinorum or salvinorin A prohibited in South Dakota?

Penalties for possession of Salvia divinorum or salvinorin A prohibited in South Dakota depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 Felony — with the ranges set by SDCL § 22-6-2 and SDCL § 22-6-1; the full table of ranges by variant is published on this page.

Which South Dakota statute covers possession of Salvia divinorum or salvinorin A prohibited?

Possession of Salvia divinorum or salvinorin A prohibited is governed by SDCL § 22-42-22 (Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor).

Legal terms used in this law

Class 1 misdemeanor

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.