This bill amends South Dakota law regarding the penalties for distributing Schedule I or II substances, particularly in cases where such distribution results in death. It establishes that a violation of the law is generally classified as a Class 4 felony, but escalates to a Class 3 felony if certain aggravating circumstances are present, such as possession of significant cash, firearms, or materials related to drug manufacturing. The bill also introduces mandatory minimum sentences for first and subsequent offenses, specifying at least one year for a first conviction, ten years for a second, and five years for distribution to a minor, with no possibility of suspension for these sentences.

Additionally, the bill stipulates that if a person intentionally distributes a controlled substance or counterfeit substance that leads to another person's death, they may be charged with a Class B felony, escalating to a Class 1 felony if aggravating circumstances apply or if the substance is fentanyl. The bill also allows for civil penalties of up to ten thousand dollars in addition to criminal penalties. Overall, the legislation aims to enhance penalties for serious drug offenses, particularly those resulting in death, to deter such actions and address the opioid crisis.

Statutes affected:
Introduced, 01/23/2025: 22-42-2