22-42-7. Distribution or possession with intent to distribute specified amounts of marijuana.
The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. A first conviction of a felony under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section.
Source: SL 1970, ch 229, §10 (a) (1), (2), (b) (1); SL 1971, ch 225, §1; SDCL Supp, §§39-17-88 to 39-17-90; SL 1976, ch 158, §42-7; SL 1977, ch 189, §93; SL 1982, ch 179, §4; SL 1984, ch 171; SL 1986, ch 185, §5; SL 1998, ch 139, §3; SL 2003, ch 129, §1; SL 2008, ch 112, §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.