Distribution of controlled dangerous substances laws results in felony charges in South Dakota. State law classifies these so-called CDS into five schedules and increases the severity of criminal penalties accordingly.

Read on to learn more about how South Dakota categorizes and punishes CDS possession and sale.

Schedule I and II CDS

The law considers Schedule I substances, including heroin and other opiates along with hallucinogenic drugs, as the most dangerous with no approved medical use. Schedule II substances are dangerous but have accepted medical use under strict doctor care. These include opium, amphetamine and methamphetamine.

The penalty for possession of a Schedule I or II substance in South Dakota is a Class 4 felony. A conviction carries up to 10 years in state prison and a fine of up to $30,000.

Extenuating circumstances

In some situations, the state increases penalties for distribution or sale of a Schedule I or II CDS. For example, the court will upgrade the charge to a Class 3 felony if you also possess three or more of the following:

  • A weapon
  • Instructions on how to make a controlled substance
  • Lists of customers or drug transactions
  • More than $300 cash
  • Bulk CDS packaging materials

Selling a CDS to a minor results in a Class 2 felony. This crime carries a mandatory one-year prison sentence along with up to $30,000 in fines. For a second conviction of this kind, the mandatory minimum prison sentence increases to 10 years.

If a person dies after taking a CDS he or she received from you, the crime increases by two categories. This could result in a Class C felony, which carries life in prison and a possible $50,000 fine.

Be aware that South Dakota has some of the strictest drug penalties in the country. For example, it is the only state in which an offender can receive a possession charge if he or she has ingested a CDS.