{"data":{"id":"us-sd/sdcl-22-42-3","jurisdiction":"us-sd","citation":"SDCL § 22-42-3","heading":"Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences.","body":"Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least two years, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.","path":["TITLE 22. CRIMES","CHAPTER 22-42. CONTROLLED SUBSTANCES AND MARIJUANA"],"source_url":"https://sdlegislature.gov/Statutes/22-42-3","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"cd0515f7058a9f2e1e293280a5232c4102f0c5b1c3befdc011cfb728eeb3dd2e","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-42-2.5","next":"us-sd/sdcl-22-42-4"},"notice":"GroundRules: Original legal text. Not legal advice."}