reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-46 - Intentional distribution of Schedule I or II substance without order form as felony.

34-20B-46. Intentional distribution of Schedule I or II substance without order form as felony.
It is a Class 5 felony for any person who is a registrant knowingly to distribute a controlled drug or substance classified in Schedules I or II, in the course of his legitimate business, except pursuant to an order form as required by this chapter.
Source:
SL 1970, ch 229, §10 (e) (1); SDCL Supp, §39-17-104; SL 1977, ch 189, §120; SL 1977, ch 190, §403.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-47 - Intentional use of unauthorized registration number as felony.

34-20B-47. Intentional use of unauthorized registration number as felony.
It is a Class 5 felony for any person knowingly to use in the course of the manufacture or distribution of a controlled drug or substance a registration number which is fictitious, revoked, suspended, or issued to another person.
Source:
SL 1970, ch 229, §10 (e) (2); SDCL Supp, §39-17-105; SL 1977, ch 189, §121; SL 1977, ch 190, §404.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-48 - Intentional falsification or omission of material information as felony.

34-20B-48. Intentional falsification or omission of material information as felony.
It is a Class 5 felony for any person knowingly to furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter.
Source:
SL 1970, ch 229, §10 (e) (4); SDCL Supp, §39-17-107; SL 1977, ch 189, §122; SL 1977, ch 190, §406.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-49 - Criminal penalties in addition to civil and administrative penalties.

34-20B-49. Criminal penalties in addition to civil and administrative penalties.
Any penalty imposed for violation of §§34-20B-42 to 34-20B-48, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
Source:
SL 1970, ch 229, §10 (g); SDCL Supp, §39-17-112; SL 1977, ch 189, §123.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-51 - Survival of right of action.

34-20B-51. Survival of right of action.
In case of the death of either party, the right of action given in chapter 34-20C shall survive to or against such party's personal representative.
Source:
SL 1977, ch 316; SL 1997, ch 203, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-52 - Civil action for recovery from unlawful distributor--Limitation of actions.

34-20B-52. Civil action for recovery from unlawful distributor--Limitation of actions.
All suits for damages under chapter 34-20C shall be by civil action in any court of this state having jurisdiction thereof, which shall be commenced within two years of the date on which the injury was incurred.
Source:
SL 1977, ch 316; SL 1997, ch 203, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-53 - Minor's recovery payable to parent or conservator.

34-20B-53. Minor's recovery payable to parent or conservator.
All damages recovered by a minor under chapter 34-20C shall be paid to such minor or to the minor's parent or conservator as the court directs.
Source:
SL 1977, ch 316; SL 1993, ch 213, §228; SL 1997, ch 203, §20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-54 - Cooperation by department with federal and state agencies.

34-20B-54. Cooperation by department with federal and state agencies.
The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in drugs and substances.
Source:
SL 1970, ch 229, §5 (a); SDCL Supp, §39-17-115.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-55 - Centralized statistical unit--Availability of information.

34-20B-55. Centralized statistical unit--Availability of information.
The Department of Health shall cooperate with the federal drug enforcement administration by establishing a centralized unit which shall accept, catalogue, file, and collect statistics, and make such information available for federal, state, and local law enforcement purposes.
Source:
SL 1970, ch 229, §5 (d); SDCL Supp, §39-17-116; SL 1977, ch 190, §412; SL 1989, ch 293, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-56 - State agencies to cooperate with department.

34-20B-56. State agencies to cooperate with department.
It shall be the duty of all departments, officers, agencies, and employees of the State of South Dakota to cooperate with the Department of Health in carrying out its functions under this chapter or any other act.
Source:
SL 1970, ch 229, §4; SDCL Supp, §39-17-117.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-57 - Exchange of information between governmental officials.

34-20B-57. Exchange of information between governmental officials.
The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, arrange for the exchange of information between governmental officials concerning the use and abuse of drugs and substances.
Source:
SL 1970, ch 229, §5 (b); SDCL Supp, §39-17-118.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-58 - County and municipal funds authorized.

34-20B-58. County and municipal funds authorized.
The governing bodies of the several counties and municipalities in the state are hereby authorized to establish funds and make appropriations thereto for the purpose of enforcing the provisions of this chapter.
Source:
SL 1970, ch 229, §13; SDCL Supp, §39-17-119.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-59 - Use of county and municipal funds to make illegal purchases.

34-20B-59. Use of county and municipal funds to make illegal purchases.
Funds established pursuant to §34-20B-58 may be expended confidentially for the purpose of making purchases and acquisitions of drugs and substances which are illegal under this chapter, when such purchases are necessary to obtaining convictions under this chapter.
Source:
SL 1970, ch 229, §13 (a); SDCL Supp, §39-17-120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-60 - Use of county and municipal funds to employ special agents.

34-20B-60. Use of county and municipal funds to employ special agents.
Funds established pursuant to §34-20B-58 may further be expended confidentially to employ special agents, pay their salaries and expenses, for the purpose of providing undercover assistance to local law enforcement officials in gathering evidence of violations of this chapter, making arrests thereunder, and obtaining convictions.
Source:
SL 1970, ch 229, §13 (b); SDCL Supp, §39-17-121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-61 - Law enforcement and cooperation by Division of Criminal Investigation and state's attorneys.

34-20B-61. Law enforcement and cooperation by Division of Criminal Investigation and state's attorneys.
It is hereby made the duty of the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and of all state's attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to controlled drugs and substances.
Source:
SL 1970, ch 229, §11 (a); SDCL Supp, §39-17-122.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-62 - Attorney general to enforce chapter.

34-20B-62. Attorney general to enforce chapter.
The Office of the Attorney General shall retain authority for all prosecutions and other actions at law in the enforcement of this chapter.
Source:
SL 1974, ch 261, §8; SDCL Supp, §39-17-122.1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-63 - Special powers of agents of Division of Criminal Investigation.

34-20B-63. Special powers of agents of Division of Criminal Investigation.
Any officer or employee of the Division of Criminal Investigation designated by the attorney general may:
(1)Carry firearms;
(2)Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;
(3)Make arrests without warrant for any offense under this chapter committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a felony;
(4)Make seizures of property pursuant to the provisions of this chapter; and
(5)Perform such other law enforcement duties as the chief agent may designate.
Source:
SL 1970, ch 229, §11 (b); SDCL Supp, §39-17-123.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-64 - Drug control fund created--Administration by attorney general--Expenditures--Excess funds.

34-20B-64. Drug control fund created--Administration by attorney general--Expenditures--Excess funds.
There is hereby created in the state treasury a special revolving fund to be known as the "drug control fund," which shall be administered by the attorney general. The attorney general may authorize expenditure of moneys in the fund for purchase of controlled drugs and substances, as defined in this chapter, by authorized agents of the attorney general from unregistered dispensers and distributors. All disbursements from the fund shall be made on warrants drawn by the state auditor on vouchers approved by the attorney general. Any moneys in the fund in excess of two hundred fifty thousand dollars shall be available for distribution by the attorney general. Upon application by any local law enforcement agency, any drug law enforcement task force or the division of highway patrol, the attorney general may authorize release of any such available moneys in the fund for the purpose of assisting local law enforcement agencies in drug control and drug offender apprehension efforts.
Source:
SL 1976, ch 5, §§1 to 3; SDCL Supp, §39-17-123.1; SL 1990, ch 271.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-67 - Peace officers to cooperate with Division of Criminal Investigation.

34-20B-67. Peace officers to cooperate with Division of Criminal Investigation.
It is hereby made the duty of all peace officers within the state to cooperate with the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and to carry out all lawful orders issued by the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, relating to controlled drugs and substances.
Source:
SL 1970, ch 229, §11 (a) (1); SDCL Supp, §39-17-126.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-68 - Trial court jurisdiction to enjoin violations.

34-20B-68. Trial court jurisdiction to enjoin violations.
The trial courts of the state shall have jurisdiction in proceedings in accordance with the rules of these courts to enjoin violations of this chapter.
Source:
SL 1970, ch 229, §11 (d) (1); SDCL Supp, §39-17-127.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-69 - Jury trial of violations of injunction.

34-20B-69. Jury trial of violations of injunction.
In case of an alleged violation of an injunction or restraining order issued under §34-20B-68, trial shall, upon demand of the accused, be by jury in accordance with the rules of the state courts.
Source:
SL 1970, ch 229, §11 (d) (2); SDCL Supp, §39-17-128.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-70 - Property subject to forfeiture.

34-20B-70. Property subject to forfeiture.
The following are subject to forfeiture pursuant to chapter 23A-49 and no property right exists in them:
(1)All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter 22-42;
(2)All raw materials, products, and equipment of any kind which are used or intended for use, in manufacturing, compounding, or processing any controlled drug or substance or marijuana in excess of one-half pound in violation of the provisions of this chapter or chapter 22-42;
(3)All property which is used, or intended for use, as a container for property described in subdivisions (1) and (2);
(4)All conveyances including aircraft, vehicles, or vessels, which are used, or intended for use, to facilitate the unlawful distribution or possession with the intent to distribute marijuana in excess of one-half pound or any quantity of any other property described in subdivision (1) or (2);
(5)All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter;
(6)Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to distribute any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound; or
(7)Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful purchase, attempted purchase, distribution, or attempted distribution of any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound.
Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of §23A-49-14, and property described in subdivision (4) is subject to forfeiture under the terms of §23A-49-15.
Source:
SL 1970, ch 229, §11 (e) (1); SDCL Supp, §39-17-129; SL 1976, ch 158, §§42-19, 42-20; SL 1977, ch 189, §§125, 126; SL 1977, ch 317, §§1 to 3; SL 1982, ch 262, §2; SL 1983, ch 255; SL 1985, ch 279, §1; SL 2016, ch 138, §21; SL 2021, ch 145, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-81 - Unlawful substances deemed contraband--Summary forfeiture.

34-20B-81. Unlawful substances deemed contraband--Summary forfeiture.
All property described in subdivision 34-20B-70(1) shall be deemed contraband and shall be summarily forfeited to the state. Controlled substances or marijuana which are seized or come into possession of the state, the owners of which are unknown, shall be deemed contraband and shall be summarily forfeited to the state.
Source:
SL 1977, ch 317, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-82 - Unauthorized Schedule I substances deemed contraband--Summary seizure and forfeiture.

34-20B-82. Unauthorized Schedule I substances deemed contraband--Summary seizure and forfeiture.
All substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the provisions of this chapter shall be deemed contraband and seized and summarily forfeited to the state. Similarly, all substances listed in Schedule I, which are seized or come into the possession of the state, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the state.
Source:
SL 1970, ch 229, §11 (e) (5); SDCL Supp, §39-17-138.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-83 - Seizure and summary forfeiture of plant precursors of Schedule I and II substances--Failure to produce registration as authority.

34-20B-83. Seizure and summary forfeiture of plant precursors of Schedule I and II substances--Failure to produce registration as authority.
All species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state. The failure, upon demand by the chief agent or any peace officer at his direction, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture.
Source:
SL 1970, ch 229, §11 (e) (6); SDCL Supp, §39-17-139.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-90 - Burden of proof as to registration or order form.

34-20B-90. Burden of proof as to registration or order form.
In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.
Source:
SL 1970, ch 229, §11 (f) (2); SDCL Supp, §39-17-141.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-91 - Enforcement officers exempt from liability.

34-20B-91. Enforcement officers exempt from liability.
No liability shall be imposed by virtue of this chapter upon any duly authorized local, state, or federal officer engaged in the enforcement of this chapter, or who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled drugs and substances.
Source:
SL 1970, ch 229, §11 (f) (3); SDCL Supp, §39-17-142.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-92 - Judicial review of department's decisions--Findings of fact conclusive.

34-20B-92. Judicial review of department's decisions--Findings of fact conclusive.
All final determinations, findings, and conclusions of the department under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by such decision may obtain review of the decision in the circuit court. Findings of fact by the department, if supported by substantial evidence, shall be conclusive.
Source:
SL 1970, ch 229, §11 (g); SDCL Supp, §39-17-143.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-100 - Contracts with government agencies or private organizations.

34-20B-100. Contracts with government agencies or private organizations.
The Department of Health is hereby authorized to contract with agencies of the federal, state, or local government or any private organization or foundation for the purposes of carrying out its functions under this chapter.
Source:
SL 1974, ch 263; SDCL Supp, §39-17-150.1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-105 - Residential alcohol and drug abuse treatment program authorized at Human Services Center.

34-20B-105. Residential alcohol and drug abuse treatment program authorized at Human Services Center.
The Department of Social Services may establish and operate a residential alcohol and drug abuse treatment program at the South Dakota Human Services Center at Yankton.
Source:
SL 1975, ch 255, §1; SDCL Supp, §39-17-151.3; SL 1985, ch 278, §57; SL 1989, ch 21, §160; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-113 - Severability of provisions and applications.

34-20B-113. Severability of provisions and applications.
If a provision of this chapter is held unconstitutional or invalid, all constitutional or valid provisions that are severable shall remain in effect. If a provision of this chapter is held unconstitutional or invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable.
Source:
SL 1970, ch 229, §15; SDCL Supp, §39-17-154.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-114 - Citation of chapter.

34-20B-114. Citation of chapter.
This chapter may be cited as the State Drugs and Substances Control Act.
Source:
SL 1970, ch 229, §17; SDCL Supp, §39-17-155.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-115 - Kratom--Under age--Misdemeanor.

34-20B-115. Kratom--Under age--Misdemeanor.
The following actions are unlawful:
(1)To knowingly sell or distribute kratom to a person under the age of twenty-one;
(2)The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of kratom by a person under the age of twenty-one; and
(3)To purchase kratom on behalf of, or to give kratom to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.
Kratom, for the purposes of this section, is a substance that contains 7-hydroxymitragynine, Mitragynine, or Mitragynine pseudoindoxyl. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2021, ch 146, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-116 - State directed opioid trust fund established--Source of funds--Purpose.

34-20B-116. State directed opioid trust fund established--Source of funds--Purpose.
The opioid abatement and remediation fund is established in the state treasury. Money received from the following sources may be deposited into the fund:
(1)Money received by the state pursuant to settlements or judgments relating to opioids;
(2)Any gifts, bequests, or donations; and
(3)Interest earned on money in the fund established under this section shall be credited to the fund.
All money in the opioid abatement and remediation fund may only be used for purposes relating to opioid abuse treatment, prevention, and recovery programs and must be appropriated through the normal budget process. Expenditures of the state from the fund must be assigned to the Department of Social Services.
Source:
SL 2022, ch 110, §1, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-117 - Delta-8 Tetrahydrocannabinol, THC-O Acetate, Hexahydrocannabinol--Under Age--Misdemeanor.

34-20B-117. Delta-8 Tetrahydrocannabinol, THC-O Acetate, Hexahydrocannabinol--Under Age--Misdemeanor.
The following actions are unlawful:
(1)To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one;
(2)The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of, a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one; and
(3)To purchase a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol on behalf of, or to give a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2022, ch 111, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-2 - Liability for participation in drug market--Law enforcement agency participation.

34-20C-2. Liability for participation in drug market--Law enforcement agency participation.
Any person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. Any law enforcement officer or agency or a person acting at the direction of a law enforcement officer or agency is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation.
Source:
SL 1997, ch 203, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-3 - Persons entitled to recover damages.

34-20C-3. Persons entitled to recover damages.
Any person may recover damages under this chapter for injury resulting from another person's use of an illegal drug.
Source:
SL 1997, ch 203, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-4 - Persons entitled to bring action.

34-20C-4. Persons entitled to bring action.
Any of the following persons may bring an action for damages caused by another person's use of an illegal drug:
(1)A parent, legal guardian, child, spouse, or sibling of the individual drug user;
(2)Any person who was exposed to an illegal drug in utero;
(3)An employer of the user;
(4)A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the user or that otherwise expended money on behalf of the user;
(5)Any person injured as a result of the willful, reckless, or negligent actions of a user.
Source:
SL 1997, ch 203, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-5 - Persons from whom damages recoverable.

34-20C-5. Persons from whom damages recoverable.
Any person entitled to bring an action under §34-20C-4 may seek damages from any of the following:
(1)Any person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the user;
(2)Any person who knowingly participated in the illegal drug market if:
(a)The place of illegal drug activity by the user is within the illegal drug market target community of the defendant;
(b)The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the user; and
(c)The defendant participated in the illegal drug market at any time during the user's period of illegal drug use.
Source:
SL 1997, ch 203, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-6 - Types of damages recoverable under § 34-20C-4.

34-20C-6. Types of damages recoverable under §34-20C-4.
Any person entitled to bring an action under §34-20C-4 may recover all of the following damages:
(1)Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;
(2)Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by a user's use of an illegal drug;
(3)Exemplary damages;
(4)Attorneys' fees; and
(5)Disbursements.
Source:
SL 1997, ch 203, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-7 - Restrictions on action for damages.

34-20C-7. Restrictions on action for damages.
No user may bring an action for damages caused by the use of an illegal drug except as otherwise provided in §§34-20C-8 to 34-20C-10, inclusive.
Source:
SL 1997, ch 203, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-8 - Conditions giving rise to cause of action.

34-20C-8. Conditions giving rise to cause of action.
Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:
(1)The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to the user regarding all of that user's sources of illegal drugs;
(2)The user has not used an illegal drug within the six months before filing the action; and
(3)The user continues to remain free of the use of an illegal drug throughout the pendency of the action.
Source:
SL 1997, ch 203, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-9 - Actual use of drug required.

34-20C-9. Actual use of drug required.
Any user entitled to bring an action under §34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user.
Source:
SL 1997, ch 203, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-10 - Types of damages recoverable under § 34-20C-8.

34-20C-10. Types of damages recoverable under §34-20C-8.
Any person entitled to bring an action under §34-20C-8 may recover only the following damages:
(1)Economic damages, including the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use;
(2)Attorneys' fees; and
(3)Disbursements.
Source:
SL 1997, ch 203, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-11 - Levels of participation in illegal drug market--Target communities.

34-20C-11. Levels of participation in illegal drug market--Target communities.
A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community:
(1)For Level 4 participation, the county in which the defendant's place of participation is situated;
(2)For Level 3 participation, the target community described in subdivision (1) plus all counties with a border contiguous to that target community; and
(3)For Level 2 participation, the target community described in subdivision (2) plus all counties with a border contiguous to that target community;
(4)For Level 1 participation, the state.
Source:
SL 1997, ch 203, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-12 - Joint actions.

34-20C-12. Joint actions.
Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.
Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.
A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.
Source:
SL 1997, ch 203, §13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-13 - Comparative responsibility--Burden of proof.

34-20C-13. Comparative responsibility--Burden of proof.
Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence.
Comparative responsibility may not be attributed to a plaintiff who is not a user.
Source:
SL 1997, ch 203, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-14 - Right of contribution.

34-20C-14. Right of contribution.
Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter against a person whom a defendant has asserted a right of contribution.
Source:
SL 1997, ch 203, §16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-15 - Proof of participation in illegal drug market.

34-20C-15. Proof of participation in illegal drug market.
Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
Source:
SL 1997, ch 203, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-16 - Prior conviction as prima facie evidence of participation in illegal drug market.

34-20C-16. Prior conviction as prima facie evidence of participation in illegal drug market.
Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.
The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Source:
SL 1997, ch 203, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-17 - Assets used to satisfy judgment.

34-20C-17. Assets used to satisfy judgment.
Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
Source:
SL 1997, ch 203, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-18 - Cause of action--Statute of limitations tolled.

34-20C-18. Cause of action--Statute of limitations tolled.
A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by the use of an illegal drug to the extent that the potential plaintiff cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law. For a defendant, the statute of limitations under this section is tolled until six months after any potential defendant is convicted of a criminal drug offense or as otherwise provided by law.
Source:
SL 1997, ch 203, §22.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20C - Civil Liability For Drug Dealers › Section 34-20C-19 - Action stayed during criminal investigation or prosecution.

34-20C-19. Action stayed during criminal investigation or prosecution.
On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
Source:
SL 1997, ch 203, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-1 - Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.

34-20D-1. Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.
No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription drugs are sold or taken to be sold at retail and who is licensed by the Board of Pharmacy to sell nonprescription drugs. This restriction does not apply to any sale made pursuant to a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority. Any retailer or any employee of a retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.
Source:
SL 2005, ch 178, §1; SL 2006, ch 181, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-2 - Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.

34-20D-2. Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.
No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority. Any person who purchases packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.
Source:
SL 2005, ch 178, §2; SL 2006, ch 181, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-3 - Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient.

34-20D-3. Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient.
Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting access to the package must ask a store employee for assistance. The retailer may display or offer for sale without restriction a product containing pseudoephedrine or ephedrine as an active ingredient if the product is displayed using any type of anti-theft device system including an electronic anti-theft device system that utilizes a product tag and detection alarm which prevents the theft of the product.
Source:
SL 2005, ch 178, §3; SL 2006, ch 181, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-5 - Posting of notice.

34-20D-5. Posting of notice.
A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following:
South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority.
Source:
SL 2005, ch 178, §5; SL 2006, ch 181, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-6 - Civil liability for sale of product.

34-20D-6. Civil liability for sale of product.
No employee or retailer is civilly liable to any injured person or the person's estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any pseudoephedrine or ephedrine product in violation of §34-20D-1.
Source:
SL 2005, ch 178, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-7 - County or municipality prohibited from establishing higher requirements or penalties.

34-20D-7. County or municipality prohibited from establishing higher requirements or penalties.
No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter.
Source:
SL 2005, ch 178, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-8 - Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert.

34-20D-8. Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert.
If offering for sale a product containing pseudoephedrine, ephedrine, or phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency that contains a description of the person or a photograph of the person, and gives the person's date of birth, such as a tribal identification card, driver license, state-issued identification card, passport, or military identification card. The retailer shall electronically submit the record of identification, including the purchaser's name, date of birth, address of purchaser, the product name, the quantity sold, the date and time of the sale, and unique identification number relating to the electronic record into the electronic record-keeping system prior to completing the sale of a product containing pseudoephedrine, ephedrine, or phenylpropanolamine unless a waiver has been granted. If a waiver is granted, the retailer shall submit written records to the Office of the Attorney General no later than the fifth day of every month. The retailer shall maintain the record of identification required by this section for two years, after which the record shall be destroyed. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. If the sale generates a stop-sale alert, the seller may not complete the sale unless the seller has a reasonable fear of imminent bodily harm if he or she does not complete the sale. The electronic record-keeping system shall contain an override function to the stop-sale alert for the seller to use in a situation in which a reasonable fear of imminent bodily harm is present.
Source:
SL 2006, ch 181, §6; SL 2012, ch 184, §1; SL 2014, ch 166, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-8.1 - Waiver of electronic reporting--Disclosure of record to law enforcement.

34-20D-8.1. Waiver of electronic reporting--Disclosure of record to law enforcement.
The attorney general may grant a retailer a waiver pursuant to §34-20D-8 if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiver is granted, the retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.
Source:
SL 2014, ch 166, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-9 - Immunity from civil liability for good faith release of information to law enforcement.

34-20D-9. Immunity from civil liability for good faith release of information to law enforcement.
Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Source:
SL 2006, ch 181, §7.