Signed by Governor Larry Rhoden

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that increases criminal penalties for fentanyl distribution in South Dakota.

Highlights:

• Prohibits any individual from the following, including (Sec. 1):

• Manufacturing, distributing, or dispensing a substance listed in Schedules I or II; 

• Possessing with intent to manufacture, distribute, or dispense a substance listed in Schedules I or II;

• Creating or distributing a counterfeit substance listed in Schedules I or II; or possessing with intent to distribute a counterfeit substance listed in Schedules I or II. 

• Specifies that a violation of this section is a Class 4 felony, and a Class 3 felony if 3 or more of the following aggravating circumstances apply, including that the individual has (Sec. 1):

• $300 or more in cash;

• A firearm or other weapon;

• Bulk materials used for the packaging of controlled substances;

• A pill press; or

• Materials used to manufacture a controlled substance including 

• Recipes;

• Precursor chemicals;

• Laboratory equipment;

• Lighting;

• Ventilating;

• Power-generating equipment; or

• Drug transaction records or customer lists.

• Specifies that a violation of this section is a Class 2 felony if the offense involves 4 milligrams or more of fentanyl unless a higher mandatory sentence applies (Sec. ).

• Specifies that a conviction involving 4 milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a mandatory sentence of at least three years in a state correctional facility unless a higher mandatory sentence applies (Sec. 1).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 1).

Full Bill Text