§ 34-20B-1 Definitions
§ 34-20B-2 Drug defined
§ 34-20B-3 Controlled drug or substance defined
§ 34-20B-3.1 Controlled substance analogue
§ 34-20B-4 Precursor defined
§ 34-20B-4.1 Anabolic steroid defined
§ 34-20B-10 Scheduled substances to be controlled–Nomenclature in schedules
§ 34-20B-11 Criteria for inclusion of substance in Schedule I
§ 34-20B-12 Specific substances included in Schedule I
§ 34-20B-13 Opium derivatives and opiates included in Schedule I
§ 34-20B-14 Hallucinogenic substances included in Schedule I
§ 34-20B-15 Criteria for inclusion of substances in Schedule II
§ 34-20B-16 Substances included in Schedule II
§ 34-20B-17 Opiates included in Schedule II
§ 34-20B-18 Criteria for inclusion of substances in Schedule III
§ 34-20B-19 Stimulants specifically included in Schedule III
§ 34-20B-19.1 Ephedrine defined
§ 34-20B-20 Depressants specifically included in Schedule III
§ 34-20B-20.1 Gamma hydroxyl butyrate defined
§ 34-20B-21 Exception from Schedule III of stimulants and depressants used in medicinal preparations
§ 34-20B-22 Specific substances included in Schedule III
§ 34-20B-23 Narcotics specifically included in Schedule III
§ 34-20B-24 Criteria for inclusion of substances in Schedule IV
§ 34-20B-25 Substances included in Schedule IV
§ 34-20B-26 Narcotic compounds specifically included in Schedule IV
§ 34-20B-27 Recommendations for addition, deletion, or rescheduling of scheduled substances
§ 34-20B-28 Substances not subject to control as precursors of precursors
§ 34-20B-28.1 Definition of terms applicable to code imprinted drugs
§ 34-20B-28.2 Code imprint required
§ 34-20B-28.3 Manufacturers’ and distributors’ identifying listings
§ 34-20B-28.4 Exemptions–Granting on appropriate showing–Inclusion in listings
§ 34-20B-28.5 Contraband–Seizure and forfeiture
§ 34-20B-28.6 Dispensing or sale without code imprint–Misdemeanor
§ 34-20B-29 Registration of prescribers, manufacturers, distributors, and dispensers of controlled drug or substance
§ 34-20B-30 Exemptions from annual registration requirements
§ 34-20B-32 Waiver of registration requirement by regulation
§ 34-20B-33 Registration of previously registered or licensed establishments
§ 34-20B-34 Separate registration required for each place of business or practice
§ 34-20B-35 Criteria for registration of manufacturers and distributors
§ 34-20B-36 Authorized Schedule I and II substances to be specified in manufacturer’s or distributor’s registration
§ 34-20B-37 Practitioners registered to dispense Schedule II, III, and IV substances
§ 34-20B-39 Inventories and records of controlled substances required of registrants
§ 34-20B-40 Inspection of registrant’s premises authorized
§ 34-20B-41 Promulgation of rules by department–Fees
§ 34-20B-42 Unauthorized manufacture or distribution by registrant prohibited–Civil fine–Knowing violation as felony
§ 34-20B-43 Omission or removal of required symbol prohibited–Civil fine–Knowing violation as misdemeanor
§ 34-20B-44 Failure to keep or furnish required record or report prohibited–Civil fine–Knowing violation as felony
§ 34-20B-45 Civil fine for violation by manufacturer or distributor–Knowing violation as felony
§ 34-20B-46 Intentional distribution of Schedule I or II substance without order form as felony
§ 34-20B-47 Intentional use of unauthorized registration number as felony
§ 34-20B-48 Intentional falsification or omission of material information as felony
§ 34-20B-49 Criminal penalties in addition to civil and administrative penalties
§ 34-20B-51 Survival of right of action
§ 34-20B-52 Civil action for recovery from unlawful distributor–Limitation of actions
§ 34-20B-53 Minor’s recovery payable to parent or conservator
§ 34-20B-54 Cooperation by department with federal and state agencies
§ 34-20B-55 Centralized statistical unit–Availability of information
§ 34-20B-56 State agencies to cooperate with department
§ 34-20B-57 Exchange of information between governmental officials
§ 34-20B-58 County and municipal funds authorized
§ 34-20B-59 Use of county and municipal funds to make illegal purchases
§ 34-20B-60 Use of county and municipal funds to employ special agents
§ 34-20B-61 Law enforcement and cooperation by Division of Criminal Investigation and state’s attorneys
§ 34-20B-62 Attorney general to enforce chapter
§ 34-20B-63 Special powers of agents of Division of Criminal Investigation
§ 34-20B-64 Drug control fund created–Administration by attorney general–Expenditures–Excess funds
§ 34-20B-67 Peace officers to cooperate with Division of Criminal Investigation
§ 34-20B-68 Trial court jurisdiction to enjoin violations
§ 34-20B-69 Jury trial of violations of injunction
§ 34-20B-70 Property subject to forfeiture
§ 34-20B-81 Unlawful substances deemed contraband–Summary forfeiture
§ 34-20B-82 Unauthorized Schedule I substances deemed contraband–Summary seizure and forfeiture
§ 34-20B-83 Seizure and summary forfeiture of plant precursors of Schedule I and II substances–Failure to produce registration as authority
§ 34-20B-90 Burden of proof as to registration or order form
§ 34-20B-91 Enforcement officers exempt from liability
§ 34-20B-92 Judicial review of department’s decisions–Findings of fact conclusive
§ 34-20B-100 Contracts with government agencies or private organizations
§ 34-20B-105 Residential alcohol and drug abuse treatment program authorized at Human Services Center
§ 34-20B-113 Severability of provisions and applications
§ 34-20B-114 Citation of chapter
§ 34-20B-115 Kratom–Under age–Misdemeanor
§ 34-20B-116 State directed opioid trust fund established–Source of funds–Purpose
§ 34-20B-117 Delta-8 Tetrahydrocannabinol, THC-O Acetate, Hexahydrocannabinol–Under Age–Misdemeanor
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Terms Used In South Dakota Codified Laws > Title 34 > Chapter 20B - Drugs and Substances Control

  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • controlled drug or substance: means a drug, substance, or immediate precursor in Schedules I through IV of §. See South Dakota Codified Laws 34-20B-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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. See South Dakota Codified Laws 34-20B-2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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. See South Dakota Codified Laws 34-20B-4
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.