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South Dakota heroin laws and penalties

On Behalf of | Jan 19, 2024 | Blog, Drug Crimes |

A heroin charge is severe in South Dakota. There is very little leniency for possession, and punishments only increase as the amount increases.

To learn more about heroin laws and penalties, see below. Though the crime is severe, there are still options for people charged with heroin possession, depending on the amount and intent.

Class 4 felony

Possession with the intent to manufacture, distribute or dispense heroin is a Class 4 felony. According to the South Dakota legislature, a Class 4 felony means up to 10 years in prison and a maximum fine of $20,000. A first conviction carries a minimum of one year in state prison. A second conviction carries mandatory minimum imprisonment of 10 years.

Class 3 felony

Class 3 felonies may carry 15 years in prison and up to $30,000 in fines. A Class 3 felony may be in play if you possess at least three of the following:

  • A firearm
  • Packing materials for the controlled substance
  • At least $300 in cash
  • Manufacturing materials for the controlled substance
  • A list of drug transactions

Class 2 felony

A Class 2 felony occurs if you sell to a minor. Class 2 felonies carry a mandatory minimum state penitentiary sentence of five years. Second offenses for selling to a minor have a mandatory minimum sentence of 15 years.

For every felony listed above, you may not suspend the sentence. You cannot reduce your imprisonment time through probation, suspended execution of sentence or suspended imposition of sentence either.

Heroin laws in South Dakota are very tough. If you face a possession charge, you must exhaust all options to receive a reduced sentence.