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South Dakota statute

SDCL § 22-42-3 — Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--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 § 22-42-3

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 § 22-42-3Primary 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 controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least ninety days, which sentence may not be suspended. 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 two years, which sentence may not be suspended. 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.

Official sources

Legal terms used in this section

Questions this section answers

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).

This reference is informational and is not legal advice.