reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-104 - Possession and administration of opioid antagonists by person close to person at risk of overdose.

34-20A-104. Possession and administration of opioid antagonists by person close to person at risk of overdose.
A person who is a family member, friend, or other close third party to a person at risk for an opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a licensed health care professional directly or by standing order pursuant to §§34-20A-104 to 34-20A-108, inclusive.
Source:
SL 2016, ch 174, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-105 - Prescription for opioid antagonist.

34-20A-105. Prescription for opioid antagonist.
A licensed health care professional may, directly or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family member, friend, or other close third party person the health care practitioner reasonably believes to be in a position to assist a person at risk of experiencing an opioid-related overdose.
Source:
SL 2016, ch 174, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-105.1 - Opioid antagonist--Employer--Dispense--Administer--Immunity.

34-20A-105.1. Opioid antagonist--Employer--Dispense--Administer--Immunity.
A licensed health care professional may, directly or by standing order, dispense or distribute an opioid antagonist to an employer.
An employer may acquire and make available on the employer's premises an opioid antagonist that is dispensed or distributed by a licensed health care professional, in accordance with this section, if the employer:
(1)Develops a protocol for the transport, storage, maintenance, and location of the opioid antagonist;
(2)Provides training and instruction, developed by the Department of Health and made available on the Department of Health website, to employees or personnel authorized to administer an opioid antagonist on the employer's premises; and
(3)Prominently posts instructions on the administration of an opioid antagonist and post-administration protocol, if the employer makes it accessible to the public.
An employer, employee, or other authorized personnel of an employer may not be held liable for any death, injury, or damage that arises out of the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes ordinary negligence.
Source: SL 2023, ch 118, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-106 - Opioid antagonist--Professional prescribing--Immunity.

34-20A-106. Opioid antagonist--Professional prescribing--Immunity.
A health care professional who is authorized to prescribe or dispense an opioid antagonist is not subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an opioid antagonist to an employer or a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk for an opioid-related drug overdose.
Source: SL 2016, ch 174, §3; SL 2023, ch 118, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-107 - Prescription deemed issued for legitimate medical purpose.

34-20A-107. Prescription deemed issued for legitimate medical purpose.
For the purpose of §§34-20A-104 to 34-20A-108, inclusive, any prescription issued pursuant to §§34-20A-104 to 34-20A-108, inclusive, is deemed to be issued for a legitimate medical purpose in the usual course of professional practice.
Source:
SL 2016, ch 174, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-108 - Duty or standard of care regarding opioid antagonists unaffected.

34-20A-108. Duty or standard of care regarding opioid antagonists unaffected.
The provisions of §§34-20A-104 to 34-20A-108, inclusive, do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, or administer an opioid antagonist.
Source:
SL 2016, ch 174, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-109 - Definitions related to reporting person in need of emergency assistance for drug-related overdose.

34-20A-109. Definitions related to reporting person in need of emergency assistance for drug-related overdose.
Terms used in §§34-20A-110 to 34-20A-113, inclusive, mean:
(1)"Drug-related overdose," an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to be a drug overdose that requires medical assistance.
Source:
SL 2017, ch 154, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-110 - Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.

34-20A-110. Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.
No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in §§34-20A-109 to 34-20A-113, inclusive, only if:
(1)The evidence for the charge or prosecution was obtained as a result of the person seeking medical assistance for another person;
(2)The person seeks medical assistance for another person who is in need of medical assistance for an immediate health or safety concern; and
(3)The person seeking medical assistance for another person remains on the scene and cooperates with medical assistance and law enforcement personnel.
Source:
SL 2017, ch 154, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-111 - Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.

34-20A-111. Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.
A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts law enforcement or emergency medical services and reports that he or she is in need of medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in this section only if the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.
Source:
SL 2017, ch 154, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-112 - Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.

34-20A-112. Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.
Providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under §§34-20A-109 to 34-20A-113, inclusive. Nothing in §§34-20A-109 to 34-20A-113, inclusive, may be construed to:
(1)Bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity pursuant to §§34-20A-109 to 34-20A-113, inclusive; or
(2)Limit, modify, or remove any immunity from liability currently available to public entities, public employees by law, or prosecutors.
Source:
SL 2017, ch 154, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse › Section 34-20A-113 - One-time immunity.

34-20A-113. One-time immunity.
Any person seeking medical assistance or who reports a person is in need of medical assistance shall only qualify once for immunity under §§34-20A-109 to 34-20A-112, inclusive.
Source:
SL 2017, ch 154, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-2 - Drug defined.

34-20B-2. Drug defined.
For the purposes of this chapter, unless the context otherwise requires, "drug" means:
(1)Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, unless the department shall determine that any such article is inconsistent with the provisions of this chapter or are not appropriate to conditions which exist in this state, and by regulation specifically excludes any such article;
(2)Articles intended for use, or used, in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
(3)Articles (other than food) intended to affect, or affecting, the structure or any function of the body of man or other animals; and
(4)Articles intended for use, or used, as a component of any articles specified in clauses (1), (2), or (3) of this section, but does not include mechanical devices or their components, parts, or accessories.
Source:
SL 1970, ch 229, §6 (j); SDCL Supp, §39-17-45.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-3 - Controlled drug or substance defined.

34-20B-3. Controlled drug or substance defined.
For the purposes of this chapter, unless the context otherwise requires, "controlled drug or substance" means a drug, substance, or immediate precursor in Schedules I through IV of §§34-20B-11 to 34-20B-26, inclusive.
Source:
SL 1970, ch 229, §6 (e); SDL Supp, §39-17-46; SL 1976, ch 158, §42-10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-3.1 - Controlled substance analogue.

34-20B-3.1. Controlled substance analogue.
A controlled substance analogue shall be treated as a controlled substance in schedule I.
Source:
SL 2013, ch 156, §2, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-4 - Precursor defined.

34-20B-4. Precursor defined.
For the purposes of this chapter, unless the context otherwise requires, "precursor" or "immediate precursor" means a substance which the department has found to be and by regulation designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture.
Source:
SL 1970, ch 229, §6 (u); SDCL Supp, §39-17-47.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-10 - Scheduled substances to be controlled--Nomenclature in schedules.

34-20B-10. Scheduled substances to be controlled--Nomenclature in schedules.
All controlled drugs and substances listed in §§34-20B-11 to 34-20B-26, inclusive, are hereby controlled. The schedules set forth in said sections include the controlled drugs and substances listed or to be listed, by whatever official name, common or usual name, or trade name designated.
Source:
SL 1970, ch 229, §§7, 8; SDCL Supp, §39-17-53.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-11 - Criteria for inclusion of substance in Schedule I.

34-20B-11. Criteria for inclusion of substance in Schedule I.
To be included within Schedule I, a substance shall have:
(1)A high potential for abuse;
(2)No accepted medical use in the United States; and
(3)A lack of accepted safety for use under medical supervision.
Source:
SL 1970, ch 229, §8 (a); SDCL Supp, §39-17-54; SL 1976, ch 158, §42-11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-12 - Specific substances included in Schedule I.

34-20B-12. Specific substances included in Schedule I.
Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1)Acetylmethadol;
(2)Allylprodine;
(3)Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate or LAAM;
(4)Alphameprodine;
(5)Alphamethadol;
(6)Benzethidine;
(7)Betacetylmethadol;
(8)Betameprodine;
(9)Betamethadol;
(10)Betaprodine;
(11)Clonitazene;
(12)Dextromoramide;
(13)Diampromide;
(14)Diethyliambutene;
(15)Dimenoxadol;
(16)Dimepheptanol;
(17)Dimethyliambutene;
(18)Dioxaphetyl butyrate;
(19)Dipipanone;
(20)Ethylmethylthiambutene;
(21)Etonitazene;
(22)Etoxeridine;
(23)Furethidine;
(24)Hydroxypethidine;
(25)Ketobemidone;
(26)Levomoramide;
(27)Levophenacylmorphan;
(28)Mecloqualone;
(29)Morpheridine;
(30)Noracymethadol;
(31)Norlevorphanol;
(32)Normethadone;
(33)Norpipanone;
(34)Phenadoxone;
(35)Phenampromide;
(36)Phenomorphan;
(37)Phenoperidine;
(38)Piritramide;
(39)Proheptazine;
(40)Properidine;
(41)Racemoramide;
(42)Trimeperidine;
(43)Methaqualone;
(44)N-benzylpiperazine;
(45)4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide, W-18;
(46)N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, also known as isotonitazene;
(47)2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (butonitazene);
(48)2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (etodesnitazene, etazene);
(49)N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine) (flunitazene);
(50)N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (metodesnitazene);
(51)N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine (metonitazene);
(52)2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (N-pyrrolidino etonitazene, etonitazepyne); and
(53)N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (protonitazene).
Source:
SL 1970, ch 229, §8 (a) (1); SDCL Supp, §39-17-55; SL 1977, ch 315, §1; SL 1985, ch 278, §50; SL 1994, ch 278, §1; SL 2003, ch 183, §1; SL 2018, ch 203, §1, eff. Feb. 8, 2018; SL 2021, ch 144, §1, eff. Feb. 17, 2021; SL 2022, ch 109, §1, eff. Feb. 9, 2022.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-15 - Criteria for inclusion of substances in Schedule II.

34-20B-15. Criteria for inclusion of substances in Schedule II.
To be included within Schedule II, a substance shall have:
(1)A high potential for abuse,
(2)Currently accepted medical use in the United States, or currently accepted medical use with severe restrictions, and
(3)Abuse which may lead to severe psychic or physical dependence.
Source:
SL 1970, ch 229, §8 (b); SDCL Supp, §39-17-58; SL 1976, ch 158, §42-14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-16 - Substances included in Schedule II.

34-20B-16. Substances included in Schedule II.
Any of the following substances, including their salts, isomers, and salts of isomers, is included in Schedule II except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1)Opium (except when it meets the requirements of subdivision 34-20B-23(7) or 34-20B-26(5)), coca leaves, and opiate;
(2)Any salt, compound, derivative, or preparation of opium, coca leaves (including cocaine), or opiate, excluding apomorphine, dextrorphan, naloxone, naloxegol, naldemedine, nalbuphine, nalmefene, naltrexone, 6ß-naltrexol, and samidorphan;
(3)Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivisions (1) and (2), except that these substances may not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; and may not include the isoquinoline alkaloids of opium;
(4)Opium poppy and poppy straw;
(5)Amphetamine;
(6)Methamphetamine;
(7)Amobarbital;
(8)Pentobarbital;
(9)Secobarbital;
(10)Methylphenidate;
(11)Phenmetrazine;
(12)Etorphine;
(13)Diprenorphine;
(14)Deleted by SL 2000, ch 170, §1;
(15)Nabilone;
(16)Glutethimide;
(17)Phencyclidine immediate precursors:
(a)1-phenylcyclohexylamine;
(b)1-piperidinocyclohexanecarbonitrile (PCC);
(18)Lisdexamfetamine, its salts, isomers, and salts of its isomers;
(19)Tapentadol; and
(20)Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration.
Source:
SL 1970, ch 229, §8 (b) (1); SDCL Supp, §39-17-59; SL 1977, ch 315, §4; SL 1978, ch 249, §1; SL 1981, ch 13, §9; SL 1981, ch 261, §1; SL 1985, ch 278, §51; SL 1986, ch 284; SL 1987, ch 255, §3; SL 1992, ch 245, §1; SL 1993, ch 247, §2; SL 2000, ch 170, §1; SL 2008, ch 170, §1, eff. Feb. 13, 2008; SL 2010, ch 174, §2, eff. Feb. 24, 2010; SL 2012, ch 183, §2, eff. Feb. 23, 2012; SL 2015, ch 180, §2, eff. Feb. 18, 2015; SL 2016, ch 175, §3, eff. Feb. 18, 2016; SL 2018, ch 203, §3, eff. Feb. 8, 2018; SL 2021, ch 144, §4, eff. Feb. 17, 2021; SL 2022, ch 109, §3, eff. Feb. 9, 2022.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-17 - Opiates included in Schedule II.

34-20B-17. Opiates included in Schedule II.
Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule II, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1)Alphaprodine;
(2)Anileridine;
(3)Bezitramide;
(4)Diphenoxylate;
(5)Fentanyl;
(6)Isomethadone;
(7)Levomethorphan;
(8)Levorphanol;
(9)Metazocine;
(10)Methadone;
(11)Methadone-intermediate, 4-cyano-2-dimethylamine-1, 4-diphenyl butane;
(12)Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(13)Pethidine;
(14)Pethidine-intermediate, A, 4-cyano-1-methyl-4-phenylpiperidine;
(15)Pethidine-intermediate, B, ethyl-4-phenylpiperidine-4-carboxylate;
(16)Pethidine-intermediate, C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(17)Phenazocine;
(18)Piminodine;
(19)Racemethorphan;
(20)Racemorphan;
(21)Sufentanil;
(22)Alfentanil;
(23)Carfentanil;
(24)Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadyl acetate or LAAM;
(25)Remifentanil;
(26)Oxymorphone;
(27)Oripavine (3-O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy-6-methoxy-17-methylmorphinan-3-ol);
(28)4-anilino-N-phenethylpiperidine (ANPP);
(29)Morphine, except when it meets subdivision 34-20B-23(8);
(30)Hydrocodone (Dihydrocodeinone);
(31)Codeine, except when it meets subdivision 34-20B-23(1), 34-20B-23(2), or 34-20B-26(1);
(32)Dihydrocodeine, except when it meets subdivision 34-20B-23(5) or 34-20B-26(2);
(33)Ethylmorphine, except when it meets subdivision 34-20B-23(6) or 34-20B-26(3);
(34)Oxycodone;
(35)Hydromorphone;
(36)Thiafentanil;
(37)Noroxymorphone;
(38)N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl); and
(39)Oliceridine (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine fumarate).
Source:
SL 1970, ch 229, § 8 (b) (1); SDCL Supp, § 39-17-60; SL 1985, ch 278, § 52; SL 1987, ch 255, § 4; SL 1989, ch 293, § 3; SL 1994, ch 278, § 3; SL 2002, ch 167, § 1; SL 2007, ch 194, § 1, eff. Feb. 1, 2007; SL 2008, ch 170, § 2, eff. Feb. 13, 2008; SL 2011, ch 160, § 2, eff. Feb. 24, 2011; SL 2015, ch 180, § 3, eff. Feb. 18, 2015; SL 2017, ch 156, § 2, eff. Feb. 3, 2017; SL 2020, ch 144, § 2, eff. Mar. 9, 2020; SL 2021, ch 144, § 5, eff. Feb. 17, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-18 - Criteria for inclusion of substances in Schedule III.

34-20B-18. Criteria for inclusion of substances in Schedule III.
To be included within Schedule III, a substance shall have:
(1)A potential for abuse less than the substances listed in Schedules I and II;
(2)Well documented and approved medical use in the United States; and
(3)Abuse which may lead to moderate or low physical dependence or high psychological dependence.
Source:
SL 1970, ch 229, §8 (c); SDCL Supp, §39-17-61; SL 1976, ch 158, §42-15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-19 - Stimulants specifically included in Schedule III.

34-20B-19. Stimulants specifically included in Schedule III.
Any material, compound, mixture, or preparation is included in Schedule III which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(1)Benzphetamine;
(2)Chlorphentermine;
(3)Phendimetrazine;
(4)Ephedrine.
Source:
SL 1970, ch 229, §8 (c); SDCL Supp, §39-17-62; SL 1977, ch 315, §5; SL 1993, ch 247, §3; SL 1995, ch 195, §1; SL 1997, ch 202, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-19.1 - Ephedrine defined.

34-20B-19.1. Ephedrine defined.
For the purposes of §34-20B-19, the term, ephedrine includes ephedra, herbs and herbal products that contain ephedrine alkaloids, including ma huang, Chinese ephedra, ephedra sinica, ephedra herb powder, epitonin, or any extract of those substances, but the term does not include any drug that contains ephedrine and is lawfully sold, transferred, or furnished over the counter with or without a prescription pursuant to §34-20B-21.
Source:
SL 2004, ch 231, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-20 - Depressants specifically included in Schedule III.

34-20B-20. Depressants specifically included in Schedule III.
Any material, compound, mixture, or preparation is included in Schedule III that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1)Any substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;
(2)Chloral betaine;
(3)Chloral hydrate;
(4)Chlorhexadol;
(5)Lysergic acid;
(6)Lysergic acid amide;
(7)Methyprylon;
(8)Sulfondiethylmethane;
(9)Sulfonethylmethane;
(10)Sulfonmethane;
(11)Amobarbital, pentobarbital, and secobarbital in suppository dosage form;
(12)Gamma hydroxy butyrate;
(13)Dronabinol in sesame oil and encapsulated in a gelatin capsule in a drug product approved for marketing by the United States Food and Drug Administration;
(14)Buprenorphine;
(15)Embutramide;
(16)Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benzonitrile], including its salts, isomers, and salts of isomers.
Source:
SL 1970, ch 229, §8 (c) (1); SDCL Supp, §39-17-63; SL 1973, ch 260; SL 1979, ch 238, §2; SL 1980, ch 240, §1; SL 1992, ch 245, §2; SL 1993, ch 247, §4; SL 1999, ch 174, §1; SL 2000, ch 170, §2; SL 2003, ch 183, §3; SL 2007, ch 194, §2, eff. Feb. 1, 2007; SL 2014, ch 165, §2, eff. Feb. 10, 2014; SL 2018, ch 203, §4, eff. Feb. 8, 2018.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-20.1 - Gamma hydroxyl butyrate defined.

34-20B-20.1. Gamma hydroxyl butyrate defined.
For the purposes of §34-20B-20, the term, gamma hydroxyl butyrate, includes gamma-butyrolactone, 1,4-butanediol or any other substances which convert to gamma hydroxyl butyrate upon ingestion. However, the term does not include any product which is lawfully used for mechanical, industrial, manufacturing, or scientific purposes.
Source:
SL 2006, ch 180, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-21 - Exception from Schedule III of stimulants and depressants used in medicinal preparations.

34-20B-21. Exception from Schedule III of stimulants and depressants used in medicinal preparations.
The department may by rules promulgated pursuant to chapter 1-26 except any compound, mixture, or preparation containing any stimulant, depressant substance, or anabolic steroid listed in §§34-20B-19, 34-20B-20, and 34-20B-22 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant, depressant, or anabolic steroid effect. Such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant, depressant, or anabolic steroid effect.
Source:
SL 1970, ch 229, §8 (c); SDCL Supp, §39-17-64; SL 1993, ch 247, §5; SL 1997, ch 202, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-22 - Specific substances included in Schedule III.

34-20B-22. Specific substances included in Schedule III.
The following are included in Schedule III:
(1)Nalorphine;
(2)Preparations which contain both Tiletamine and Zolazepam;
(3)Anabolic steroids as listed in §34-20B-4.1;
(4)Ketamine.
Source:
SL 1970, ch 229, §8 (c); SDCL Supp, §39-17-65; SL 1971, ch 224, §§1, 2; SL 1988, ch 282, §3; SL 1992, ch 245, §5; SL 1993, ch 247, §6; SL 2000, ch 170, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-23 - Narcotics specifically included in Schedule III.

34-20B-23. Narcotics specifically included in Schedule III.
Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof is included in Schedule III:
(1)Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of isoquinoline alkaloid of opium;
(2)Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
(3)Deleted by SL 2015, ch 180, §4;
(4)Deleted by SL 2015, ch 180, §4;
(5)Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
(6)Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
(7)Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; and
(8)Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.
Source:
SL 1970, ch 229, §8 (c); SDCL Supp, §39-17-66; SL 2015, ch 180, §4, eff. Feb. 18, 2015.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-24 - Criteria for inclusion of substances in Schedule IV.

34-20B-24. Criteria for inclusion of substances in Schedule IV.
To be included within Schedule IV, a substance shall have:
(1)A low potential for abuse relative to the substances listed in Schedule III;
(2)Currently accepted medical use in the United States; and
(3)Limited physical dependence or psychological dependence liability or potential, or both, relative to the substances listed in Schedule III.
Source:
SL 1970, ch 229, §8 (d); SDCL Supp, §39-17-67; SL 1976, ch 158, §42-16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-26 - Narcotic compounds specifically included in Schedule IV.

34-20B-26. Narcotic compounds specifically included in Schedule IV.
Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs is included in Schedule IV which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1)Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2)Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3)Not more than 50 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4)Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5)Not more than 100 milligrams of opium per 100 milliliters or per 100 grams, or not more than 5 milligrams per dosage unit; and
(6)Not more than 1 milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.
Source:
SL 1970, ch 229, §8 (d) (1); SDCL Supp, §39-17-68; SL 1980, ch 240, §3; SL 1981, ch 261, §2; SL 1990, ch 270, §3; SL 2015, ch 180, §6, eff. Feb. 18, 2015.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-27 - Recommendations for addition, deletion, or rescheduling of scheduled substances.

34-20B-27. Recommendations for addition, deletion, or rescheduling of scheduled substances.
The department shall make recommendations to the Legislature that a substance be added, deleted, or rescheduled when the department determines that such substance has a different potential for abuse.
Source:
SL 1970, ch 229, §7 (a); SDCL Supp, §39-17-69; 9SL 1976, ch 158, §42-17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28 - Substances not subject to control as precursors of precursors.

34-20B-28. Substances not subject to control as precursors of precursors.
If the department designates a substance as an "immediate precursor," substances which are precursors of such designated immediate precursors shall not be subject to control solely because they are precursors of the controlled precursor.
Source:
SL 1970, ch 229, §7 (c); SDCL Supp, §39-17-71.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28.1 - Definition of terms applicable to code imprinted drugs.

34-20B-28.1. Definition of terms applicable to code imprinted drugs.
Terms used in §§34-20B-28.2 to 34-20B-28.6, inclusive, unless the context plainly otherwise requires, mean:
(1)"Code imprint," a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer or distributor of the drug, or both;
(2)"Distributor," a person who distributes for resale a drug in solid dosage form under his own label even though he is not the actual manufacturer of the drug;
(3)"Legend drug," any drug defined by section 503(b) of the Federal Food, Drug and Cosmetic Act, as amended on January 15, 1980, and under which definition its label is required to bear the statement "Caution: Federal law prohibits dispensing without prescription";
(4)"Solid dosage form," capsules or tablets intended for oral use.
Source:
SL 1980, ch 241, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28.2 - Code imprint required.

34-20B-28.2. Code imprint required.
No legend drug in solid dosage form may be manufactured or distributed in this state unless it is clearly marked or imprinted with a code imprint identifying the drug and the manufacturer or distributor of the drug.
Source:
SL 1980, ch 241, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28.3 - Manufacturers' and distributors' identifying listings.

34-20B-28.3. Manufacturers' and distributors' identifying listings.
All manufacturers and distributors of legend drugs in solid dosage form shall provide upon request to the Board of Pharmacy a listing of all such legend drugs identifying by code imprint the manufacturer and the specific type of drug. Such listing shall at all times be kept current by all manufacturers and distributors subject to §§34-20B-28.1 to 34-20B-28.6, inclusive.
Source:
SL 1980, ch 241, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28.4 - Exemptions--Granting on appropriate showing--Inclusion in listings.

34-20B-28.4. Exemptions--Granting on appropriate showing--Inclusion in listings.
The Board of Pharmacy may grant exemptions from the requirements of §§34-20B-28.1 to 34-20B-28.6, inclusive, upon application by any drug manufacturer or distributor showing size, physical characteristics, or other unique characteristics which render the application of a code imprint to a legend drug subject to §§34-20B-28.1 to 34-20B-28.6, inclusive, impractical or impossible. Any such exemption granted by the board shall be included by the manufacturer or distributor in the listing required by §34-20B-28.3, describing the physical characteristics and type of drug to which the exemption relates.
Source:
SL 1980, ch 241, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28.5 - Contraband--Seizure and forfeiture.

34-20B-28.5. Contraband--Seizure and forfeiture.
All legend drugs in solid dosage form that are possessed, distributed, sold, or offered for sale in violation of the provisions of §§34-20B-28.1 to 34-20B-28.6, inclusive, shall be deemed contraband and shall be seized by the Board of Pharmacy and summarily forfeited to the state.
Source:
SL 1980, ch 241, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-28.6 - Dispensing or sale without code imprint--Misdemeanor.

34-20B-28.6. Dispensing or sale without code imprint--Misdemeanor.
It is a Class 2 misdemeanor for a person to dispense, sell or otherwise provide to any other person any legend drug in solid dosage form that fails to comply with §§34-20B-28.1 to 34-20B-28.5, inclusive.
Source:
SL 1980, ch 241, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-29 - Registration of prescribers, manufacturers, distributors, and dispensers of controlled drug or substance.

34-20B-29. Registration of prescribers, manufacturers, distributors, and dispensers of controlled drug or substance.
Any person who prescribes, manufactures, distributes, or dispenses any controlled drug or substance within this state or who proposes to engage in the prescribing, manufacture, distribution, or dispensing of any controlled drug or substance within this state, shall obtain a registration issued by the department according to the rules promulgated under this chapter.
Source:
SL 1970, ch 229, §9 (a); SDCL Supp, §39-17-72; SL 1995, ch 191, §3; SL 2004, ch 229, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-30 - Exemptions from annual registration requirements.

34-20B-30. Exemptions from annual registration requirements.
The following persons shall not be required to register under the provisions of §34-20B-29:
(1)An agent, or an employee thereof, of any manufacturer, distributor, or dispenser of any controlled drug or substance if such agent is acting in the usual course of his business or employment;
(2)A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled drug or substance is in the usual course of his business or employment;
(3)A person in possession of any controlled drug or substance pursuant to a lawful order of a practitioner.
Source:
SL 1970, ch 229, §9 (b); SDCL Supp, §39-17-73.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-32 - Waiver of registration requirement by regulation.

34-20B-32. Waiver of registration requirement by regulation.
The department may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if the department finds it consistent with the public health and safety.
Source:
SL 1970, ch 229, §9 (c); SDCL Supp, §39-17-75.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-33 - Registration of previously registered or licensed establishments.

34-20B-33. Registration of previously registered or licensed establishments.
The department shall permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled drugs and substances prior to July 1, 1972, and who are registered or licensed by the state.
Source:
SL 1970, ch 229, §9 (i); SDCL Supp, §39-17-76.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-34 - Separate registration required for each place of business or practice.

34-20B-34. Separate registration required for each place of business or practice.
A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled drugs and substances.
Source:
SL 1970, ch 229, §9 (d); SDCL Supp, §39-17-77.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-35 - Criteria for registration of manufacturers and distributors.

34-20B-35. Criteria for registration of manufacturers and distributors.
The department shall register an applicant to manufacture and distribute controlled drugs and substances included in Schedules I through IV of §§34-20B-11 to 34-20B-26, inclusive, unless it is determined that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(1)Maintenance of effective controls against diversion of particular controlled drugs and substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;
(2)Compliance with the applicable state and local law;
(3)Prior conviction record of applicant under federal and state laws relating to the manufacture, distribution, or dispensing of such substances;
(4)Past experience in the manufacture of controlled drugs and substances, and the existence in the establishment of effective controls against diversion; and
(5)Such other factors as may be relevant to and consistent with the public health and safety.
Source:
SL 1970, ch 229, §9 (f); SDCL Supp, §39-17-78.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-36 - Authorized Schedule I and II substances to be specified in manufacturer's or distributor's registration.

34-20B-36. Authorized Schedule I and II substances to be specified in manufacturer's or distributor's registration.
Registration granted under §34-20B-29 shall not entitle a registrant to manufacture and distribute controlled drugs and substances in Schedules I and II other than those specified in the registration.
Source:
SL 1970, ch 229, §9 (g); SDCL Supp, §39-17-79.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-37 - Practitioners registered to dispense Schedule II, III, and IV substances.

34-20B-37. Practitioners registered to dispense Schedule II, III, and IV substances.
Practitioners shall be registered to dispense substances in Schedules II through IV if they are authorized to dispense under the law of this state.
Source:
SL 1970, ch 229, §9 (h); SDCL Supp, §39-17-80.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-39 - Inventories and records of controlled substances required of registrants.

34-20B-39. Inventories and records of controlled substances required of registrants.
Each registrant manufacturing, distributing, or dispensing controlled drugs and substances in Schedules I, II, III, or IV shall maintain complete and accurate records of all stocks of such drugs and substances on hand. Records and inventories shall contain such information as shall be provided by rules and regulations promulgated by the department. All records required under this section shall be kept for a period of at least two years. This section shall not apply to practitioners who lawfully prescribe or administer, but not otherwise dispense, controlled drugs and substances listed in Schedules II, III, or IV of this chapter.
Source:
SL 1970, ch 229, §9 (j); SDCL Supp, §39-17-82.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-40 - Inspection of registrant's premises authorized.

34-20B-40. Inspection of registrant's premises authorized.
The department is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated under §34-20B-41.
Source:
SL 1970, ch 229, §9 (e); SDCL Supp, §39-17-86.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-41 - Promulgation of rules by department--Fees.

34-20B-41. Promulgation of rules by department--Fees.
The department may promulgate rules pursuant to chapter 1-26 relating to exclusions from uniform drug articles pursuant to subdivision 34-20B-2(1); the definition of precursors; exceptions from Schedule III of stimulants, depressants, and anabolic steroid-estrogen combinations in medicinal preparations; the registration of manufacturers, distributors, and dispensers; waivers of registration; the suspending, revoking, surrendering, transferring, and reinstating of registration; inventories and records of controlled substances establishing minimum standards for prescribing and dispensing practices, labeling and security requirements and the issuance of prescriptions as provided by this chapter and chapter 22-42; and the inspection of registered premises. The department may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled drugs and substances within this state. No fee may exceed one hundred fifty dollars.
Source:
SL 1970, ch 229, §§9, 14; SDCL Supp, §39-17-87; SL 1980, ch 238, §2; SL 1993, ch 247, §8; SL 2004, ch 232, §1; SL 2009, ch 164, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-42 - Unauthorized manufacture or distribution by registrant prohibited--Civil fine--Knowing violation as felony.

34-20B-42. Unauthorized manufacture or distribution by registrant prohibited--Civil fine--Knowing violation as felony.
No person who is a registrant shall manufacture, distribute, or dispense a controlled drug or substance not authorized by his registration to another registrant or other authorized person. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 5 felony.
Source:
SL 1970, ch 229, §10 (d) (2); SDCL Supp, §39-17-98; SL 1977, ch 190, §397.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-43 - Omission or removal of required symbol prohibited--Civil fine--Knowing violation as misdemeanor.

34-20B-43. Omission or removal of required symbol prohibited--Civil fine--Knowing violation as misdemeanor.
No person shall omit, remove, alter, or obliterate a symbol required by this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 1 misdemeanor.
Source:
SL 1970, ch 229, §10 (d) (3); SDCL Supp, §39-17-99; SL 1976, ch 158, §42-18; SL 1977, ch 190, §398.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-44 - Failure to keep or furnish required record or report prohibited--Civil fine--Knowing violation as felony.

34-20B-44. Failure to keep or furnish required record or report prohibited--Civil fine--Knowing violation as felony.
No person shall refuse or fail to make, keep, or furnish any record, report, notification, order form, statement, invoice, or information required under this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 6 felony.
Source:
SL 1970, ch 229, §10 (d) (4); SDCL Supp, §39-17-100; SL 1977, ch 190, §399.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20B - Drugs And Substances Control › Section 34-20B-45 - Civil fine for violation by manufacturer or distributor--Knowing violation as felony.

34-20B-45. Civil fine for violation by manufacturer or distributor--Knowing violation as felony.
Any person who violates any of §§34-20B-42 to 34-20B-44, inclusive, is punishable by a civil fine of not more than ten thousand dollars. In addition, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was committed knowingly such person is guilty of a Class 5 felony.
Source:
SL 1970, ch 229, §10 (d) (7); SDCL Supp, §39-17-103; SL 1977, ch 189, §119.