Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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The possession, sale, and trafficking of cocaine is illegal in all fifty states, as well as under federal law. In South Dakota, the penalties for the possession and sale of cocaine are dependent on the amount of drugs at issue.
Cocaine is in the Class 4 felony category for illegal drugs. Mere possession of cocaine carries a penalty of up to two (2) years imprisonment and $10,000 in fines even for first-time offenders.
Cocaine is also considered a Schedule 1 drug in South Dakota. Possession of a Schedule 1 drug is particularly serious, as there are stiff penalties if one is convicted. A charge of cocaine possession can take several forms. Simple possession is when only a small amount of cocaine is found and the presumption is that it is for personal use.
A charge of possession with an intent to sell is much more serious, and it doesn't matter if there was any intention of selling; the charge will stick if there is one gram or more of cocaine found. The penalties for this charge are a minimum of 2 years up to 99 years, and fines of not more than $50,000.
As with other illicit drugs, cocaine is regulated at both the state and federal level. Federal drug laws restrict everything from mere cocaine possession all the way up to trafficking and distribution as well as manufacturing and cultivation. Convictions for drug offenses in general, and cocaine specifically, can carry severe penalties , depending on whether the defendant has prior drug convictions and the quantity of drugs involved.
Charges and penalties under South Dakota's cocaine laws are listed in the following column. See FindLaw's Drug Charges section for more articles and resources.
| Code Section | 22-42-1, et seq. 34-20B-1, et. seq. |
| Possession | Class 4 felony |
| Sale | Fine up to $10,000 for any conviction: Class 4 felony, mandatory one (1) yr. without suspension; Sale to minor: Class 2 felony, mandatory five (5) yrs.; Subsequent offense: mandatory 10 yrs. without suspension; To minor: mandatory 15 yrs. without suspension Sale in drug-free zone: Class 4 felony, min. five (5) yrs. |
| Trafficking | N/A |
Note: State drug laws are constantly changing -- contact a South Dakota drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
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