{"data":{"id":"us-sd/sdcl-22-42-4","jurisdiction":"us-sd","citation":"SDCL § 22-42-4","heading":"Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV 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 IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 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. 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. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.","path":["TITLE 22. CRIMES","CHAPTER 22-42. CONTROLLED SUBSTANCES AND MARIJUANA"],"source_url":"https://sdlegislature.gov/Statutes/22-42-4","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"d94558dc578bc44c84f2da24f799b1c15d3b8349d36e6ff654da24d027cb3863","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-42-3","next":"us-sd/sdcl-22-42-4.1"},"notice":"GroundRules: Original legal text. Not legal advice."}