reglab/housing_qa huggingface dataset:
SD Codified L § 22-40-22 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 40 - Identity Crimes|Section 22-40-22 - Types of notice of breach of system security.

22-40-22. Types of notice of breach of system security.A disclosure under §22-40-20 may be provided by:(1)Written notice;(2)Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. §7001 in effect as of January 1, 2018, or if the information holder's primary method of communication with the resident of this state has been by electronic means; or(3)Substitute notice, if the information holder demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, that the affected class of persons to be notified exceeds five hundred thousand persons, or that the information holder does not have sufficient contact information and the notice consists of each of the following:(a)Email notice, if the information holder has an email address for the subject persons;(b)Conspicuous posting of the notice on the information holder's website, if the information holder maintains a website page; and(c)Notification to statewide media. Source: SL 2018, ch 135, §4.
SD Codified L § 22-40-23 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 40 - Identity Crimes|Section 22-40-23 - Notice of breach of system security in accordance with information holder's policies.

22-40-23. Notice of breach of system security in accordance with information holder's policies.Notwithstanding §22-40-22, if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the information holder is in compliance with the notification requirements of §22-40-22 if the information holder notifies each person in accordance with the information holder's policies in the event of a breach of system security. Source: SL 2018, ch 135, §5.
SD Codified L § 22-40-24 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 40 - Identity Crimes|Section 22-40-24 - Notice to consumer reporting agencies.

22-40-24. Notice to consumer reporting agencies.If an information holder discovers circumstances that require notification pursuant to §22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. §1681a in effect as of January 1, 2018, and any other credit bureau or agency that compiles and maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notice. Source: SL 2018, ch 135, §6.
SD Codified L § 22-40-25 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 40 - Identity Crimes|Section 22-40-25 - Prosecution for violations.

22-40-25. Prosecution for violations.The attorney general may prosecute each failure to disclose under the provisions of §§22-40-19 to 22-40-26, inclusive, as a deceptive act or practice under §37-24-6. In addition to any remedy provided under chapter 37-24, the attorney general may bring an action to recover on behalf of the state a civil penalty of not more than ten thousand dollars per day per violation. The attorney general may recover attorney's fees and any costs associated with any action brought under this section. Source: SL 2018, ch 135, §7.
SD Codified L § 22-40-26 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 40 - Identity Crimes|Section 22-40-26 - Notice of breach of system security in accordance with federal law.

22-40-26. Notice of breach of system security in accordance with federal law.Notwithstanding any other provisions in §§22-40-19 to 22-40-26, inclusive, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. §6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the provisions of the applicable federal law or regulation. Source: SL 2018, ch 135, §8.
SD Codified L § 22-42-2.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-2.1 - Written prescription required to dispense Schedule II substance--Refills prohibited--Felony.

22-42-2.1. Written prescription required to dispense Schedule II substance--Refills prohibited--Felony.No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or substance shall be refilled. A violation of this section is a Class 4 felony. Source: SL 1970, ch 229, §9 (k); SDCL, §39-17-83; SL 1977, ch 189, §80.
SD Codified L § 22-42-2.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-2.2 - Oral prescription permitted for Schedule II substance under specified conditions.

22-42-2.2. Oral prescription permitted for Schedule II substance under specified conditions.Notwithstanding §22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that:(1)Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;(2)No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and(3)It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with §34-20B-39. Source: SL 1970, ch 229, §9 (k); SDCL Supp, §39-17-83; SL 1977, ch 189, §81.
SD Codified L § 22-42-2.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-2.3 - Mitigating circumstances--Departure from mandatory sentence.

22-42-2.3. Mitigating circumstances--Departure from mandatory sentence.The sentencing court may impose a sentence other than that which is required by §22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §22-42-2. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. Source: SL 1989, ch 201, §2.
SD Codified L § 22-42-2.4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-2.4 - Conspiracy to commit violation of § 22-42-2--Punishment same as provided under that section.

22-42-2.4. Conspiracy to commit violation of §22-42-2--Punishment same as provided under that section.Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of §22-42-2 is the same as the punishment for violating §22-42-2. Source: SL 1989, ch 202.
SD Codified L § 22-42-2.5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-2.5 - Findings required for sentence imposed without regard to statutory minimum sentence.

22-42-2.5. Findings required for sentence imposed without regard to statutory minimum sentence.For any offense under §22-42-4.3 or §22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B, the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that:(1)The defendant does not have a prior conviction for a crime of violence as defined under subdivision 22-1-2(9);(2)The defendant did not use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;(3)The defendant did not induce another participant to use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;(4)The defendant was not an organizer, leader, manager, or supervisor of any other participant in connection with the offense;(5)The defendant truthfully provided to the state any information and evidence in connection with any offense that was part of the same course of conduct or of a common scheme or plan. The defendant shall provide any information before the time of sentencing, but if the defendant provides no relevant or useful information or if the state was previously aware of the information, the court may determine that the defendant has complied with the finding under this subdivision; and(6)The offense did not result in death or serious bodily injury to any person. Source: SL 2018, ch 137, §2.
SD Codified L § 22-42-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-3 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences.

22-42-3. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences.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 the state penitentiary 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 penitentiary 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 the state penitentiary 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 the state penitentiary 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. Source: SL 1970, ch 229, §10 (a) (1), (2), (b) (2); SL 1971, ch 225, §2; SDCL Supp, §§39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, §42-3; SL 1977, ch 189, §90; SL 1982, ch 179, §2; SL 1983, ch 178, §2; SL 1986, ch 185, §2; SL 2013, ch 101, §56.
SD Codified L § 22-42-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-4 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences.

22-42-4. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences.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 the state penitentiary 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 penitentiary 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. Source: SL 1970, ch 229, §10 (a) (1), (2), (b) (3); SL 1973, ch 261; SDCL Supp, §§39-17-88, 39-17-89, 39-17-92; SL 1976, ch 158, §42-4; SL 1977, ch 189, §91; SL 1982, ch 179, §3; SL 1983, ch 178, §3; SL 1986, ch 185, §3; SL 1999, ch 174, §3; SL 2013, ch 101, §57.
SD Codified L § 22-42-4.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-4.1 - Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony.

22-42-4.1. Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony.Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner. A violation of this section is a Class 5 felony. Source: SL 1970, ch 229, §9 (1); SL 1971, ch 224, §3; SDCL Supp, §§39-17-84, 39-17-85; SL 1974, ch 268, §1; SL 1977, ch 189, §82.
SD Codified L § 22-42-4.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-4.2 - Schedule II, III, or IV substances to be distributed only for a medical purpose.

22-42-4.2. Schedule II, III, or IV substances to be distributed only for a medical purpose.No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose. Source: SL 1970, ch 229, §9 (m); SDCL Supp, §39-17-85; SL 1977, ch 189, §83; SL 1980, ch 178.
SD Codified L § 22-42-4.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-4.3 - Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences.

22-42-4.3. Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences.Except as authorized by this section or chapter 34-20B, no person may manufacture, distribute, or dispense more than five grams of methamphetamine, a methamphetamine analog or immediate precursor; possess with intent to manufacture, distribute, or dispense methamphetamine, a methamphetamine analog or immediate precursor; create or distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor; or possess with intent to distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor. A violation of this section is a Class 3 felony. However, a violation of this section is a Class 2 felony if the person is in possession of three or more of the following:(1)Three hundred dollars or more in cash;(2)A firearm, or other weapon pursuant to §§22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8);(3)Bulk materials used for the packaging of methamphetamine;(4)Materials used to manufacture methamphetamine including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or(5)Drug transaction records or customer lists.A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least one year, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least ten years, which sentence may not be suspended.The manufacture, distribution, or dispensing of methamphetamine, a methamphetamine analog or immediate precursor to a minor is a Class 1 felony. A first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least five years, 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 the state penitentiary of at least fifteen years, which sentence may not be suspended.Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section.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. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court. Source: SL 2018, ch 137, §1.
SD Codified L § 22-42-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-5 - Unauthorized possession of controlled drug or substance as felony.

22-42-5. Unauthorized possession of controlled drug or substance as felony.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. Source: SL 1970, ch 229, §10 (c); SL 1971, ch 225, §3; SDCL Supp, §39-17-95; SL 1976, ch 158, §42-5; SL 1985, ch 186; SL 1998, ch 139, §1; SL 2013, ch 101, §58.
SD Codified L § 22-42-5.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony.

22-42-5.1. Unauthorized ingestion of controlled drug or substance as felony.No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body 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 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 Schedules III or IV is a Class 6 felony. Source: SL 2013, ch 101, §54.
SD Codified L § 22-42-6 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-6 - Possession of marijuana prohibited--Degrees according to amount.

22-42-6. Possession of marijuana prohibited--Degrees according to amount.No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. It is a Class 4 felony to possess one to ten pounds of marijuana. It is a Class 3 felony to possess more than ten pounds of marijuana. 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. Source: SL 1970, ch 229, §10 (c); SL 1971, ch 225, §3; SL 1974, ch 269; SDCL Supp, §§39-17-95, 39-17-96; SL 1976, ch 158, §42-6; SL 1977, ch 189, §92; SL 1978, ch 158, §16; SL 1983, ch 179; SL 1985, ch 187; SL 1986, ch 185, §4; SL 1990, ch 166; SL 1998, ch 139, §2.
SD Codified L § 22-42-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 42 - Controlled Substances And Marijuana|Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana.

22-42-7. Distribution or possession with intent to distribute specified amounts of marijuana.The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. A first conviction of a felony under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section. Source: SL 1970, ch 229, §10 (a) (1), (2), (b) (1); SL 1971, ch 225, §1; SDCL Supp, §§39-17-88 to 39-17-90; SL 1976, ch 158, §42-7; SL 1977, ch 189, §93; SL 1982, ch 179, §4; SL 1984, ch 171; SL 1986, ch 185, §5; SL 1998, ch 139, §3; SL 2003, ch 129, §1; SL 2008, ch 112, §1.