South Dakota criminal charge
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances in South Dakota
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances is a criminal offense under South Dakota law, defined by SDCL § 22-42-2. 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 § 22-42-2.
How is unauthorized manufacture, distribution, counterfeiting or possession of schedule i or ii substances classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base manufacture/distribution/possession with intent | Class 4 Felony | Baseline penalty for manufacturing, distributing, dispensing, or possessing with intent Schedule I or II substances (or counterfeit versions) without aggravating circumstances. | SDCL § 22-42-2undefined |
| Aggravated circumstances (3 or more) | Class 3 Felony | Applies when three or more listed aggravating circumstances (cash, weapon, packaging materials, pill press, manufacturing materials, or drug records) are present. | SDCL § 22-42-2undefined |
| Fentanyl 4mg or more | Class 2 Felony | Applies when the offense involves four milligrams or more of fentanyl. | SDCL § 22-42-2undefined |
| Distribution to a minor | Class 2 Felony | Applies when a Schedule I or II substance is distributed to a minor. | SDCL § 22-42-2undefined |
| Distribution causing death | Class 2 Felony | Applies when a person intentionally distributes a controlled or counterfeit substance for consideration and another person dies as a direct result of using it, absent further aggravating factors. | SDCL § 22-42-2undefined |
| Distribution causing death with 3+ aggravating circumstances | Class 1 Felony | Applies when the distribution-causing-death offense also involves three or more of the listed aggravating circumstances. | SDCL § 22-42-2undefined |
| Distribution causing death with known fentanyl | Class 1 Felony | Applies when the substance causing death is fentanyl and the distributor knew it was fentanyl. | SDCL § 22-42-2undefined |
| Distribution causing death of a minor decedent | Class C Felony | Applies when the person who died as a result of the distributed substance was a minor. | SDCL § 22-42-2undefined |
Common questions about unauthorized manufacture, distribution, counterfeiting or possession of schedule i or ii substances in South Dakota
Is unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances ranges from a Class 4 Felony to a Class C Felony in South Dakota under SDCL § 22-42-2.
Base manufacture/distribution/possession with intent: Class 4 Felony (SDCL § 22-42-2) · Aggravated circumstances (3 or more): Class 3 Felony (SDCL § 22-42-2) · Fentanyl 4mg or more: Class 2 Felony (SDCL § 22-42-2) · Distribution to a minor: Class 2 Felony (SDCL § 22-42-2) · Distribution causing death: Class 2 Felony (SDCL § 22-42-2) · Distribution causing death with 3+ aggravating circumstances: Class 1 Felony (SDCL § 22-42-2) · Distribution causing death with known fentanyl: Class 1 Felony (SDCL § 22-42-2) · Distribution causing death of a minor decedent: Class C Felony (SDCL § 22-42-2)
Which South Dakota statute covers unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances?
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances is governed by SDCL § 22-42-2 (Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances--Penalty--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.