South Dakota Codified Laws
Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine
Section 34-20D-10 - Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.

34-20D-10. Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.
No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority.
Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:
(1)A retail distributor of drug products;
(2)A wholesale drug distributor, or its agents;
(3)A manufacturer of drug products, or its agents;
(4)A pharmacist licensed by the Board of Pharmacy; or
(5)A licensed health care professional possessing the drug products in the course of carrying out the profession.
Any violation of this section is a Class 1 misdemeanor.

Source: SL 2006, ch 181, §8.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine

Section 34-20D-1 - Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.

Section 34-20D-2 - Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.

Section 34-20D-3 - Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient.

Section 34-20D-5 - Posting of notice.

Section 34-20D-6 - Civil liability for sale of product.

Section 34-20D-7 - County or municipality prohibited from establishing higher requirements or penalties.

Section 34-20D-8 - Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert.

Section 34-20D-8.1 - Waiver of electronic reporting--Disclosure of record to law enforcement.

Section 34-20D-9 - Immunity from civil liability for good faith release of information to law enforcement.

Section 34-20D-10 - Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.

Section 34-20D-11 - Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.

Section 34-20D-12 - Law enforcement access to electronic record-keeping system.