South Dakota Codified Laws
Chapter 42 - Controlled Substances And Marijuana
Section 22-42-5 - Unauthorized possession of controlled drug or substance as felony.

22-42-5. Unauthorized possession of controlled drug or substance as felony.
No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of §22-42-5.1. A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.

Source: SL 1970, ch 229, §10 (c); SL 1971, ch 225, §3; SDCL Supp, §39-17-95; SL 1976, ch 158, §42-5; SL 1985, ch 186; SL 1998, ch 139, §1; SL 2013, ch 101, §58.

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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.