South Dakota Heroin, Opiates, and Opioids Laws

South Dakota Codified Laws

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)

Title 34 - Public Health and Safety

• SDCL Title 34 Chapter 20B (drugs and substances control)
• SDCL Title 34 Chapter 20B-11 (substances in schedule i)
• SDCL Title 34 Chapter 20B-13 (schedule i opium and opium derivatives)
• SDCL Title 34 Chapter 20B-15 (schedule ii drugs)
• SDCL Title 34 Chapter 20B-16 (substances included in schedule ii)

• Possessing heroin, opiates, or opioids with the intent to manufacture, distribute, or dispense a Schedule I or II controlled substance: Class 4 felony
• Possessing a Schedule I or II controlled drug or substance without a valid prescription: Class 5 felony
• Knowing ingestion of a Schedule I or II controlled drug or substance without a valid prescription: Class 5 felony
• Obtaining possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge: Class 4 felony
• Ingesting, inhaling, or otherwise taking a substance into the body (except alcohol) to become intoxicated (unless through a legal prescription): Class 1 misdemeanor
• Possessing a controlled substance with the intent to distribute it, knowing that the recipient would use it to become intoxicated: Class 1 misdemeanor
• 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 into the human body any controlled substance or marijuana: Class 2 misdemeanor
• Delivering drug paraphernalia: Class 6 felony

Manufacturing, distributing, or dispensing heroin, opiates, or opioids is a Class 4 felony. If three or more of the following aggravating factors 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, laboratory equipment, lighting, etc.)
• The possession of drug transaction records or customer lists

Distributing heroin, opioids, or opiates to a minor: Class 2 felony

Distributing a controlled substance that results in the death of a person who used it: Class 2 felony

• If three or more aggravating factors apply: Class 1 felony
• If the controlled substance was fentanyl: Class 1 felony
• If the person who died was a minor: Class C felony

Committing a heroin, opioid, or opiate crime in, 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: Class 4 felony

Offenders face a minimum mandatory sentence of five years in a state correctional facility.

Penalties for heroin, opioid, or opiate crimes face the following penalties:

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

Other applicable criminal penalties are as follows (maximum penalties listed):

• 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 of imprisonment and a fine of up to $10,000
• Class 6 felony: up to two years of imprisonment and a fine of up to $4,000

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