South Dakota criminal charge
Unauthorized possession of controlled drug or substance as felony in South Dakota
Unauthorized possession of controlled drug or substance as felony is a criminal offense under South Dakota law, defined by SDCL § 22-42-5. 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 § 22-42-5.
What is the penalty for unauthorized possession of controlled drug or substance as felony in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Possession of Schedule I or II substance — Applies when the controlled drug or substance unlawfully possessed is listed in Schedule I or II.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Possession of Schedule I or II substance — Applies when the controlled drug or substance unlawfully possessed is listed in Schedule I or II.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 2 years (Possession of Schedule III or IV substance — Applies when the controlled drug or substance unlawfully possessed is listed in Schedule III or IV.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Possession of Schedule III or IV substance — Applies when the controlled drug or substance unlawfully possessed is listed in Schedule III or IV.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is unauthorized possession of controlled drug or substance as felony classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of Schedule I or II substance | Class 5 Felony | Applies when the controlled drug or substance unlawfully possessed is listed in Schedule I or II. | SDCL § 22-42-5undefined |
| Possession of Schedule III or IV substance | Class 6 Felony | Applies when the controlled drug or substance unlawfully possessed is listed in Schedule III or IV. | SDCL § 22-42-5undefined |
Common questions about unauthorized possession of controlled drug or substance as felony in South Dakota
Is unauthorized possession of controlled drug or substance as felony a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unauthorized possession of controlled drug or substance as felony ranges from a Class 6 Felony to a Class 5 Felony in South Dakota under SDCL § 22-42-5.
Possession of Schedule I or II substance: Class 5 Felony (SDCL § 22-42-5) · Possession of Schedule III or IV substance: Class 6 Felony (SDCL § 22-42-5)
What are the penalties for unauthorized possession of controlled drug or substance as felony in South Dakota?
Penalties for unauthorized possession of controlled drug or substance as felony in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 5 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.
Which South Dakota statute covers unauthorized possession of controlled drug or substance as felony?
Unauthorized possession of controlled drug or substance as felony is governed by SDCL § 22-42-5 (Unauthorized possession of controlled drug or substance as felony).
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.