South Dakota Codified Laws
Chapter 42 - Controlled Substances And Marijuana
Section 22-42-16 - Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony.

22-42-16. Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony.
No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Any person who violates this section is guilty of a Class 6 felony.

Source: SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, §5.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 42 - Controlled Substances And Marijuana

Section 22-42-1 - Definitions.

Section 22-42-2 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances--Violation--Mandatory sentences.

Section 22-42-2.1 - Written prescription required to dispense Schedule II substance--Refills prohibited--Felony.

Section 22-42-2.2 - Oral prescription permitted for Schedule II substance under specified conditions.

Section 22-42-2.3 - Mitigating circumstances--Departure from mandatory sentence.

Section 22-42-2.4 - Conspiracy to commit violation of §22-42-2--Punishment same as provided under that section.

Section 22-42-2.5 - Findings required for sentence imposed without regard to statutory minimum sentence.

Section 22-42-3 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences.

Section 22-42-4 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences.

Section 22-42-4.1 - Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony.

Section 22-42-4.2 - Schedule II, III, or IV substances to be distributed only for a medical purpose.

Section 22-42-4.3 - Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences.

Section 22-42-5 - Unauthorized possession of controlled drug or substance as felony.

Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony.

Section 22-42-6 - Possession of marijuana prohibited--Degrees according to amount.

Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana.

Section 22-42-8 - Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud.

Section 22-42-9 - Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony.

Section 22-42-10 - Keeping place for use or sale of controlled substances as felony.

Section 22-42-11 - Inhabiting room where controlled substances illegally stored or used as misdemeanor.

Section 22-42-12 - Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program.

Section 22-42-13 - Criminal penalties in addition to civil and administrative penalties.

Section 22-42-15 - Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation.

Section 22-42-15.1 - Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor.

Section 22-42-16 - Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony.

Section 22-42-17 - Controlled substances obtained concurrently from different medical practitioners--Misdemeanor.

Section 22-42-18 - Definitions of terms used in §§ 22-42-19 to 22-42-21, inclusive.

Section 22-42-19 - Drug free zones created--Violation as felony--Sentence--Defense.

Section 22-42-20 - Violation of drug-free zones as separate count in indictment.

Section 22-42-21 - Lack of knowledge as to age of minor not a defense.

Section 22-42-22 - Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor.

Section 22-42-23 - Controlled Substance--Pregnancy--Assault.

Section 22-42-24 - Driver--Use of marijuana--Motor vehicle--Misdemeanor.

Section 22-42-25 - Passenger--Use of marijuana--Motor vehicle--Misdemeanor.