South Dakota criminal charge
Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony in South Dakota
Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony is a criminal offense under South Dakota law, defined by SDCL § 22-42-4.3. 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 § 22-42-4.3.
How is unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base violation (manufacture/distribute/possess with intent, etc.) | Class 3 Felony | Manufacturing, distributing, dispensing more than five grams of methamphetamine (or analog/precursor), possessing with intent to do so, or counterfeiting/possessing counterfeit methamphetamine with intent to distribute. | SDCL § 22-42-4.3undefined |
| Aggravated possession with enhancing factors | Class 2 Felony | Applies when, in addition to the base violation, the person possesses three or more of the listed aggravating items (cash, weapon, packaging materials, manufacturing materials, or drug records). | SDCL § 22-42-4.3undefined |
| Distribution to a minor | Class 1 Felony | Applies when the methamphetamine, analog, or immediate precursor is manufactured, distributed, or dispensed to a minor. | SDCL § 22-42-4.3undefined |
Common questions about unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony in South Dakota
Is unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony ranges from a Class 3 Felony to a Class 1 Felony in South Dakota under SDCL § 22-42-4.3.
Base violation (manufacture/distribute/possess with intent, etc.): Class 3 Felony (SDCL § 22-42-4.3) · Aggravated possession with enhancing factors: Class 2 Felony (SDCL § 22-42-4.3) · Distribution to a minor: Class 1 Felony (SDCL § 22-42-4.3)
Which South Dakota statute covers unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony?
Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony is governed by SDCL § 22-42-4.3 (Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences).
Legal terms used in this law
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.