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South Dakota statute

SDCL § 22-42-4 — Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV 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 § 22-42-4

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 § 22-42-4Primary 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 IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 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. 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. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.

Official sources

Legal terms used in this section

Questions this section answers

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).

This reference is informational and is not legal advice.