South Dakota criminal charge
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony in South Dakota
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony is a criminal offense under South Dakota law, defined by SDCL § 22-42-4. 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.
How is unauthorized manufacture, distribution, counterfeiting or possession of schedule iv substances as felony classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| General violation (Schedule IV substance) | Class 6 Felony | Applies generally to manufacture, distribution, dispensing, possession with intent, or counterfeiting of a Schedule IV substance. | SDCL § 22-42-4undefined |
| Distribution to a minor | Class 4 Felony | Applies when a Schedule IV substance is distributed to a minor. | SDCL § 22-42-4undefined |
| Distribution of Flunitrazepam to a minor | Class 4 Felony | Applies specifically when Flunitrazepam, a Schedule IV substance, is distributed to a minor. | SDCL § 22-42-4undefined |
| All other violations involving Flunitrazepam provision | Class 5 Felony | Applies to all other violations under this section not involving distribution of Flunitrazepam to a minor, per the special notwithstanding clause. | SDCL § 22-42-4undefined |
Common questions about unauthorized manufacture, distribution, counterfeiting or possession of schedule iv substances as felony in South Dakota
Is unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony ranges from a Class 6 Felony to a Class 4 Felony in South Dakota under SDCL § 22-42-4.
General violation (Schedule IV substance): Class 6 Felony (SDCL § 22-42-4) · Distribution to a minor: Class 4 Felony (SDCL § 22-42-4) · Distribution of Flunitrazepam to a minor: Class 4 Felony (SDCL § 22-42-4) · All other violations involving Flunitrazepam provision: Class 5 Felony (SDCL § 22-42-4)
Which South Dakota statute covers unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony?
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony is governed by SDCL § 22-42-4 (Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV 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.