22-42-23 . Controlled Substance--Pregnancy--Assault.
If a woman who was pregnant at the time of an alleged violation of § 22-42-5 or 22-42-5 .1 provides evidence that she:
(1) Received adequate prenatal care from a licensed health care professional during her pregnancy;
(2) Actively enrolled in an addiction recovery program before the child was born;
(3) Remained in the program after delivery; and
(4) Completed the addiction recovery program,
the state shall dismiss the charge.
Source: SL 2020, ch 88, § 1.
Structure South Dakota Codified Laws
Chapter 42 - Controlled Substances And Marijuana
Section 22-42-1 - Definitions.
Section 22-42-2.3 - Mitigating circumstances--Departure from mandatory sentence.
Section 22-42-4.2 - Schedule II, III, or IV substances to be distributed only for a medical purpose.
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 22-42-10 - Keeping place for use or sale of controlled substances as felony.
Section 22-42-13 - Criminal penalties in addition to civil and administrative penalties.
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.