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South Dakota statute

SDCL § 22-42-5 — Unauthorized possession of controlled drug or substance as felony

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 § 22-42-5

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 § 22-42-5Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of § 22-42-5.1. A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.