Drug Possession Laws in South Dakota

Knowingly possessing a controlled substance without a prescription is a Class 5 felony (up to five years, $10,000) for a Schedule I or II drug and a Class 6 felony (up to two years, $4,000) for a Schedule III or IV drug; the statute sets no minimum amount. Intentionally ingesting, inhaling or otherwise taking a controlled substance into the body to become intoxicated (other than alcohol or a prescribed substance) is a Class 1 misdemeanor. Using or possessing drug paraphernalia with intent to use it is a Class 2 misdemeanor (up to thirty days, $500). For a first-time felony defendant, the court may, with the defendant's consent and without entering a judgment of guilt, suspend imposition of sentence and place the person on probation; it is available only once.

South Dakota's rule on court-appointed lawyers: If it is satisfactorily shown that a defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay the necessary expenses of representation, a circuit court judge or magistrate shall, upon the person's request, assign counsel at any time after arrest or after detention begins. This applies in criminal investigations and actions, proceedings to revoke a suspended sentence or probation, and final parole revocation proceedings. The person must certify the facts about his or her ability to pay, in writing or other recorded form as the court prescribes, subject to the penalties for perjury. SDCL 23A-40-6

Lawyers set their own fees, and South Dakota has rules on how they may charge. See hiring a criminal defense lawyer in South Dakota for fee rules, how to check a lawyer's license and free help.

How release before trial works in South Dakota: Except for a defendant charged with an offense punishable by death or one currently released on a personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court, be ordered released pending trial on personal recognizance or on an unsecured appearance bond in an amount set by the court, unless the court in its discretion finds that release would not reasonably assure the defendant's appearance or that the defendant may pose a danger to another person or the community. In determining conditions of release, the magistrate or court considers the nature and circumstances of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition (including any mental health assessment), length of residence in the community, record of convictions, record of appearance at court proceedings or of flight or failure to appear, and the risk of flight or danger to any person or the community. SDCL 23A-43-2, 23A-43-4 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See South Dakota expungement and record sealing rules.