South Dakota Statutes
§ 22-42-5 — Unauthorized possession of controlled drug or substance as felony.
South Dakota § 22-42-5
This text of South Dakota § 22-42-5 (Unauthorized possession of controlled drug or substance as felony.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 22-42-5 (2026).
Text
No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B . A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of § 22-42-5.1 . A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.
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Related
State v. Buchholz
1999 SD 110 (South Dakota Supreme Court, 1999)
State v. Deneui
2009 SD 99 (South Dakota Supreme Court, 2009)
State v. Hanson
1999 SD 9 (South Dakota Supreme Court, 1999)
State v. Garber
2004 SD 2 (South Dakota Supreme Court, 2004)
State v. Burkman
281 N.W.2d 436 (South Dakota Supreme Court, 1979)
State v. Boll
2002 SD 114 (South Dakota Supreme Court, 2002)
Matter of Reinstatement of Husby
426 N.W.2d 27 (South Dakota Supreme Court, 1988)
Goebel v. Warner Transportation
2000 SD 79 (South Dakota Supreme Court, 2000)
State v. DeLaRosa
2003 SD 18 (South Dakota Supreme Court, 2003)
State v. Fischer
2016 SD 1 (South Dakota Supreme Court, 2016)
State v. Anderson
1996 SD 59 (South Dakota Supreme Court, 1996)
State v. Groves
473 N.W.2d 456 (South Dakota Supreme Court, 1991)
State v. Hart
391 N.W.2d 677 (South Dakota Supreme Court, 1986)
State v. Furlow
260 N.W.2d 631 (South Dakota Supreme Court, 1977)
State v. Blakey
2001 SD 129 (South Dakota Supreme Court, 2001)
State v. Flowers
2016 SD 63 (South Dakota Supreme Court, 2016)
Stanley v. Department of Public Safety
2023 S.D. 13 (South Dakota Supreme Court, 2023)
State of South Dakota v. Edward Delarosa and State of South Dakota v. Lane Stocker
2003 SD 18 (South Dakota Supreme Court, 2003)
State v. Bradley
2010 SD 40 (South Dakota Supreme Court, 2010)
Sorensen v. United States
(D. South Dakota, 2021)
Legislative History
SL 1970, ch 229, § 10 (c); SL 1971, ch 225, § 3; SDCL Supp, § 39-17-95; SL 1976, ch 158, §
Nearby Sections
15
§ 22-1-2
Definitions.§ 22-1-3
Repealed§ 22-1-5
Repealed§ 22-10-1
Riot--Violation as felony.§ 22-10-10
Repealed§ 22-10-12
Repealed§ 22-10-13
§ 22-10-13§ 22-10-17
Incitement to riot--Violation as felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 22-42-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-42-5.