South Dakota criminal charge
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony in South Dakota
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony is a criminal offense under South Dakota law, defined by SDCL § 22-42-3. 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 § 22-42-3.
How is unauthorized manufacture, distribution, counterfeiting or possession of schedule iii substances as felony classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| General Schedule III violation | Class 5 Felony | Applies to manufacture, distribution, dispensing, possession with intent, or counterfeiting of a Schedule III substance generally. | SDCL § 22-42-3undefined |
| Distribution of Schedule III to a minor | Class 3 Felony | Applies when the offender distributes a Schedule III controlled substance to a minor. | SDCL § 22-42-3undefined |
Common questions about unauthorized manufacture, distribution, counterfeiting or possession of schedule iii substances as felony in South Dakota
Is unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony ranges from a Class 5 Felony to a Class 3 Felony in South Dakota under SDCL § 22-42-3.
General Schedule III violation: Class 5 Felony (SDCL § 22-42-3) · Distribution of Schedule III to a minor: Class 3 Felony (SDCL § 22-42-3)
Which South Dakota statute covers unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony?
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony is governed by SDCL § 22-42-3 (Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances 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.