South Dakota Cocaine Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

• SDCL Title 34 Chapter 20B (drugs and substances control)
• SDCL Title 34 Chapter 20B-15 (schedule ii drugs)
• SDCL Title 34 Chapter 20B-16 (substances included in schedule ii)

Title 22 - Crimes

• SDCL Title 22 Chapter 6 (felony classes and penalties)
• SDCL Codified Laws Title 22 Chapter 42 (controlled substances and marijuana)
• SDCL Codified Laws Title 22 Chapter 42A (drug paraphernalia)

• Possession of cocaine: Class 5 felony
• Possessing cocaine with the intent to distribute or dispense: Class 4 felony
• Ingestion of cocaine with intent without a valid prescription: Class 5 felony
• Obtaining possession of cocaine by theft, misrepresentation, forgery, fraud, deception, or subterfuge: Class 4 felony
• Using or possessing with the intent to use drug paraphernalia, knowing the drug-related nature of it, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce cocaine into the human body: Class 2 misdemeanor
• Delivering drug paraphernalia: Class 6 felony

• Manufacturing, distributing, or dispensing cocaine is a Class 4 felony. If three or more of the following aggravating circumstances apply, the violation is a Class 3 felony:
  • The person possesses $300 or more in cash
  • The person possesses a firearm or other weapon
  • The person possesses bulk materials used for packaging controlled substances
  • The person possesses materials used to manufacture controlled substances (e.g., recipes, precursor chemicals, power-generating equipment, etc.)
  • The possession of drug transaction records or customer lists
• Distributing cocaine to a minor: Class 2 felony
• A person is guilty of a Class 2 felony if they distribute cocaine that results in the death of a person who used it. If three or more aggravating factors apply, they are guilty of a Class 1 felony. If the person who died was a minor, the person is guilty of a Class C felony.

If a person commits a cocaine offense on, or within 1,000 feet of a school or playground or in, on, or within 500 feet of a public or private youth center, public swimming pool, or video arcade facility, they are guilty of a Class 4 felony. This carries a mandatory sentence of at least five years in a state correctional facility.

A person convicted of a cocaine-related offense may face the following mandatory minimum sentences:

• First conviction: at least one year in a South Dakota correctional facility
• Second or subsequent offense: at least 10 years in a South Dakota correctional facility
• First conviction of distributing controlled substances to a minor: at least five years in a South Dakota correctional facility
• Second or subsequent offense of distributing controlled substances to a minor: at least 15 years in a South Dakota correctional facility

The maximum criminal penalties applicable to felonies and misdemeanors are as follows:

• Class C felony: life imprisonment in a state correctional facility and a fine of up to $50,000
• Class 1 felony: up to 50 years imprisonment and a fine of up to $50,000
• Class 2 felony: up to 25 years imprisonment and a fine of up to $50,000
• Class 3 felony: up to 15 years imprisonment and a fine of up to $30,000
• Class 4 felony: up to 10 years imprisonment and a fine of up to $20,000
• Class 5 felony: up to five years imprisonment and a fine of up to$10,000
• Class 6 felony: up to two years imprisonment and a fine of up to $4,000
• Class 1 misdemeanor: up to one year of imprisonment in county jail and a fine of up to $2,500
• Class 2 misdemeanor: up to 30 days of imprisonment in county jail and a fine of up to $500

If a person convicted of a Class A, B, or C felony was under the age of 18 when they committed the offense, the maximum sentence is a term of years determined by the court in a state correctional facility and a fine of $50,000.