South Dakota Drug Possession Law
South Dakota Drug Possession Defense
What you're facing under SDCL § 22-42-5, how the penalties scale, and the questions your attorney needs to answer, specific to South Dakota (SD) law.
Offense Class
Class 5 Felony (Schedule I/II); Class 6 Felony (Schedule III/IV)
Maximum Penalty
5 years (Schedule I/II); 2 years (Schedule III/IV)
Maximum Fine
$10,000 (Schedule I/II); $4,000 (Schedule III/IV)
Penalty Range in South Dakota
Charge Enhancements
These factors can elevate the charge or penalty in South Dakota:
- Possession within 1,000 feet of a school, park, or public housing (SDCL § 22-42-19)
- Large quantity
South Dakota-Specific Detail
South Dakota has strict drug laws. Possession of any amount of Schedule I/II substances is a felony.
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Important: This page provides legal INFORMATION about South Dakota drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.