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South Dakota statute

SDCL § 22-42-2 — Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances--Penalty--Mandatory sentences

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 42: Controlled Substances And Marijuana, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-42-2

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-42-2Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; create or distribute a counterfeit substance listed in Schedules I or II; or possess with intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this section is a Class 4 felony. A violation of this section is a Class 3 felony if three or more of the following aggravating circumstances apply: (1) The person is in possession of three hundred dollars or more in cash; (2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8); (3) The person is in possession of bulk materials used for the packaging of controlled substances; (4) The person is in possession of a pill press; (5) The person is in possession of materials used to manufacture a controlled substance including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or (6) The person is in possession of drug transaction records or customer lists. A violation of this section is a Class 2 felony if the offense involves four milligrams or more of fentanyl. Unless a higher mandatory sentence applies, a conviction involving four milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a mandatory sentence of at least three years in a state correctional facility. Unless a higher mandatory sentence applies, a conviction involving fourteen milligrams or more of fentanyl shall be punished by a mandatory sentence of at least ten years in a state correctional facility. The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least ten years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least fifteen years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section, and occurring within fifteen years prior to the date of the violation being charged, must be used to determine if the violation being charged is a second or subsequent offense. Any person who, for consideration, intentionally distributes any controlled substance or counterfeit substance in violation of this section and another person dies as a direct result of using that substance is guilty of a Class 2 felony. If three or more of the above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the substance is fentanyl and the person knew the substance was fentanyl, the person is guilty of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

Official sources

Legal terms used in this section

Questions this section answers

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).

This reference is informational and is not legal advice.