South Dakota Heroin, Opiates, and Opioids Laws
By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024
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South Dakota classifies heroin and more than 30 opium derivatives and opiates as Schedule I controlled substances. Schedule I drugs are those that have the following:
- A high potential for abuse
- No accepted medical uses in the United States
- A lack of accepted safety for use even under medical supervision
The state of South Dakota also classifies opium and opiates, including fentanyl, as Schedule II drugs. Schedule II drugs also have a high potential for abuse, but they have some accepted medical uses. Examples of Schedule II drugs include the following:
- Methamphetamine
- Opium poppy
- Methadone
- Oxycodone
Heroin is illegal under both federal and state law. The table below contains information about South Dakota’s laws and criminal penalties regarding heroin, opiates, and opioids. For more information, visit FindLaw’s Drug Charges section.
South Dakota Heroin, Opiates, and Opioids Laws Code Sections |
South Dakota Codified Laws Title 22 - Crimes
Title 34 - Public Health and Safety
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South Dakota Heroin, Opiates, and Opioids Possession Offenses and Penalties |
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South Dakota Heroin, Opiates, and Opioids Sale/Distribution Offenses and Penalties |
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:
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
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South Dakota Drug-Free Zone Offenses and Penalties |
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. |
South Dakota Criminal Penalties |
Penalties for heroin, opioid, or opiate crimes face the following penalties:
Other applicable criminal penalties are as follows (maximum penalties listed):
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. |
Note: South Dakota state laws are subject to change. Contact a South Dakota drug crime attorney or conduct your own research to confirm current state laws.
South Dakota Heroin, Opiates, and Opioids Laws: Research the Law
For more information about South Dakota’s controlled substance laws, browse the following links:
- South Dakota Code
- South Dakota Cocaine Laws
- South Dakota Criminal Laws
- South Dakota Criminal Statute of Limitations Laws
- Drug Trafficking and Distribution
- Drug Cultivation and Manufacturing
- Drug Possession Penalties and Sentencing
- Drug Possession Overview
Visit FindLaw’s Official State Codes page for information about other states’ drug laws.
Issues With Heroin, Opioids, or Opiates in South Dakota? An Attorney Can Help
If law enforcement has charged you with possessing illegal drugs or similar drug crimes, contact a South Dakota drug crime attorney. Their representation could make a significant difference in your criminal case. In addition to offering specific legal advice, they can also answer questions about South Dakota’s criminal justice system, such as:
- Whether a drug court is available in your jurisdiction
- The differences between state and federal laws regarding controlled substances
- The plea bargain negotiation process with the state’s attorney
A South Dakota criminal defense attorney will examine your case, present your options, and stand with you in court. Let them help you get the best outcome possible.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many South Dakota attorneys offer free consultations for Drug Crime.
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