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 specifies that distributing these substances to a minor is a Class 2 felony.

Furthermore, the bill introduces mandatory minimum sentences for first and subsequent offenses, requiring at least one year for a first conviction, ten years for a second, and five years for distribution to a minor. It also stipulates that if a person dies as a direct result of using a controlled substance distributed in violation of this law, the distributor may face a Class B felony charge, escalating to a Class 1 felony under certain conditions, such as if the substance is fentanyl or if the victim is a minor. Additionally, a civil penalty of up to ten thousand dollars may be imposed alongside any criminal penalties.

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