Monroe County Sheriff's Office deputies made multiple drug-related arrests in the past several days including a man training to be a law enforcement officer. South Dakota also boasts the nation's only law making ingestion not possession of a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A . Your knowledge of the law can play a critical role in overcoming the charges you face. One pound to ten pounds: It is a class 4 felony to possess marijuana up to 10 pounds, and persons found guilty face incarceration of up to 10 years. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you. 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. Not so in its approach to drugs. He has been a drug policy journalist for the past two decades. @2022 - AlterNet Media Inc. All Rights Reserved. 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. Though drug use is undoubtedly a serious issue, we cant incarcerate our way out of addiction, said the ACLUs Skarin. GLENN ALLEN ZEPHIER was booked on 2/28/2023 in Minnehaha County, South Dakota. The Quantity of Marijuana: South Dakota Laws on possession of marijuana specify that a person commits a felony punishable by one-year confinement in state prison and fines up to $4,000 if in possession of marijuana greater than two ounces. Also, 75 religious leaders from across Ohio wrote DeWine a letter that urged him to sign the bill if passed. If one of our treatment centers is not a good fit, our representatives may refer you to another detox or treatment center, or the Substance Abuse and Mental Health Services Administration (SAMHSA) hotline to find a program that best suits your needs. However, these penalties are more stringent for adults. Count V, Driving under Suspension and Count VI, Possession of Drug Paraphernalia. The penalties depend on whether its the first offense. Dropping ingestion from a felony to a misdemeanor would be a step in the right direction, but its an awfully small step. The bill's provisions expire by July 1, 2023. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor. Offenders face penalties such as fines and incarceration. South Dakota voters approved medical marijuana in 2020. A violation of this section is a Class 6 felony. Source:SL 1976, ch 158, 42-1; SL 1977, ch 189, 88; SL 1984, ch 239, 2; SL 1985, ch 185, 1; SL 1986, ch 306, 5; SL 2001, ch 116, 1. Possession of a Controlled Substance Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. Although research suggests that FTS could save lives and help spur positive decision-making around drug use, the technology is banned for use in most states. South Dakotas codified laws stipulate that patients in the medical marijuana program may grow not more than two flowering cannabis plants and two non-flowering cannabis plants at home. Drivers can face additional charges for refusing to take a blood or breath test. But a judge ruled it's unconstitutional. Laws Section 22-42-5. Source:SL 2009, ch 119, 1, eff. Thats rightSouth Dakota is spending millions of dollars to incarcerate people not for drug dealing, not for drug possession, but for having used drugs and still having traces of them in their system. The measure is only good for people with serious health conditions. Source:SL 1970, ch 229, 10 (e) (3); SDCL Supp, 39-17-106; SL 1977, ch 189, 85; SL 1984, ch 239, 3; SL 1990, ch 167; SL 1998, ch 139, 4. State laws make it illegal to operate a motor vehicle while impaired with marijuana. 2023 Rehab Adviser. Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony. Although it is legal to purchase medical marijuana in South Dakota, patients and their caregivers may not possess more than three ounces or 85 grams of cannabis. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be suspended. Kristi Noem signed into law a bill that declassifies fentanyl test strips as drug paraphernalia Wednesday. For the states Latino population, the imprisonment rate was twice that of whites. Source:SL 1970, ch 229, 9 (m); SDCL Supp, 39-17-85; SL 1977, ch 189, 83; SL 1980, ch 178. Source:SL 1970, ch 229, 10 (d) (7); SDCL Supp, 39-17-103; SL 1977, ch 189, 119; SL 1978, ch 158, 17; SL 1995, ch 125. Individuals may possess one ounce or less of marijuana. Section 22-42-24 of South Dakota codified law prohibits a driver from operating a motor vehicle after consuming marijuana. (2)In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. First offense: The first DUI offense is a Class 1 misdemeanor. Upon approval by the DOH, the patient receives a medical cannabis card by mail. Source:SL 1970, ch 229, 9 (1); SL 1971, ch 224, 3; SDCL Supp, 39-17-84, 39-17-85; SL 1974, ch 268, 1; SL 1977, ch 189, 82. Today we learn that South Dakota Governor Kristi Noem signed into law a bill legalizing fentanyl test strips . 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. Weve always understood the importance of calling out corruption, regardless of political affiliation. Dunn, former Jefferson County Prosecutor and former Rigby City Attorney, was arrested Feb. 18 on drug possession charges. 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SDCL 34-20B-70 provides that certain property is subject to forfeiture when it is being used for the possession or distribution of controlled substances or marijuana. Source:SL 1970, ch 229, 9 (k); SDCL, 39-17-83; SL 1977, ch 189, 80. The penalty and fines for marijuana possession increase for larger quantities. Subsequently, a first-time offender may get the following penalties for marijuana possession: The recreational use of marijuana is illegal in South Dakota. 2023 Kolbeck Law Office All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Drug possession defenses to consider in South Dakota. 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. Under the bill, possession of up to an ounce of cannabis by an adult 21 or older would be considered a petty fine that would not carry the threat of jail time. "This is incredible," said Kassandra Frederique, executive director of the advocacy group Drug Policy Alliance. The judge may restrict, suspend, or revoke the driving license privilege of the minor. Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. The Designer Anabolic Steroid Control Act of 2014 (P.L. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. South Dakota voters said yes to legalizing marijuana. In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. However, they may not induce or force you into criminal activity. We need your support in this difficult time. A first offense is a Class 1 misdemeanor. Late 1800s - Due to opiate abuse, local governments begin to outlaw opium. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. He told the interim panel that 73 of his last 100 drug possession cases involved only trace or immeasurable amounts of drugs and that if such cases were not charged as felonies, his office could operate with significantly fewer felony prosecutors. The penalty and fines for marijuana possession increase for larger quantities. This is SR-22 insurance at a much higher rate. Source:SL 1970, ch 229, 10 (e) (5); SDCL Supp, 39-17-108; SL 1977, ch 189, 86. Booking Number: 2377293 Booking Date: 2/26/2023 7:22:00 AM But jail is just the gateway to the incarceration complex, and when it comes to long-term stays behind bars, South Dakota displays the same sort of worrying numbers. The Offender's Age: Minors arrested with marijuana typically face probation and substance abuse treatment classes instead of incarceration. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section. South Dakota Drug Laws SD penalizes drug possession differently from other states, and it penalizes it by physical possession, constructive possession (knowing clandestine drug locations), and thirdly by ingestion. A violation of this section for a substance in Schedules I or II is a Class 5 felony. Individuals can call the centers directly or call our Toll Free number for further assistance. For all of us independent news organizations, its no exception. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. Currently, South Dakota is the only remaining state in the nation that makes it a crime to possess a drug within your body Possession by ingestion can potentially result in misdemeanor or felony charges depending on the type of drug or controlled substance alleged to be within your body. The Quantity of Marijuana: South Dakota Laws on possession of marijuana specify that a person commits a felony punishable by one-year confinement in state prison and fines up to $4,000 if in possession of marijuana greater than two ounces. Zero or up to four plants, depending on the growers status. 2023 - SD Legislative Research Council LRC Homepage | SD Homepage Section 22-42-8 - Obtaining possession of controlled substance by theft . Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 . TT, page 145, lines 16 - 17 and No prescription for a Schedule II drug or substance shall be refilled. If there is more than one grower in a household, they cannot cultivate more than four plants together. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on.. That law was. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. The law was passed in 2001 and upheld by the state Supreme Court in 2004. If you are found in possession of more than 2 oz. Source:SL 1992, ch 168, 2; SL 1998, ch 140, 1. ANTONIO RAMONT SMITH was booked in Minnehaha County, South Dakota for 24/7 SENTENCED original charge 22-42-5 Possession Controlled Drug or Substance. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to a drug abuse prevention and rehabilitation program authorized under 34-3B-1. Additional information about this arrest can be found below. Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user; (7)"Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. You nor your loved one are under any obligation to commit to an Ark Behavioral Health treatment program when calling our helpline. According to the report, South Dakota jailed 2,888 people per 100,000, nearly twice the national average of 1,506, and narrowly edging out Mississippi, which had 2,814 per 100,000. 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. The patients and their caregivers use the card to obtain medical marijuana from the state-licensed medical dispensaries duly certified by the DOH. Phillip Smith is a writing fellow and the editor and chief correspondent of Drug Reporter, a project of the Independent Media Institute. Furthermore, Section 22-42-25 prohibits the passengers in a motor vehicle from smoking marijuana while the automobile is in motion. Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor. Any additional offenses would be classified as a class 2 misdemeanor, punishable by up to 30 days in jail and a maximum $500 fine. Weve covered everything thrown at us this past year and will continue to do so with your support. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. Fentanyl test strips (FTS) are a form of drug-checking technology that can . We do not receive any compensation or commission for referrals to other treatment facilities. We provide a list of treatment centers located within the United States that are JHACO or CARF accredited. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. The Department of Health and Education oversees the medical marijuana program in South Dakota to ensure the safety of patients. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. It has to be carefully tracked and documented. However, it is legal for persons with qualifying medical conditions to possess marijuana for medical use. It includes, but is not limited to: (1)Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or marijuana or from which a controlled substance can be derived; (2)Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3)Isomerization devices used, intended for use, or designed for use in increasing the potency of marijuana or any species of plant which is a controlled substance; (4)Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (5)Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (6)Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (7)Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or marijuana; (8)Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or marijuana; (9)Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and. 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