This bill amends South Dakota's existing law regarding the unauthorized distribution of fentanyl and establishes specific penalties for violations. It maintains that no person may manufacture, distribute, or dispense substances listed in Schedules I or II without authorization, with violations classified as a Class 4 felony. However, if certain aggravating circumstances are present, such as possession of cash, firearms, or materials used for drug packaging, the offense escalates to a Class 3 felony. Notably, the bill introduces stricter penalties for fentanyl-related offenses, categorizing violations involving four milligrams or more of fentanyl as a Class 2 felony, with mandatory minimum sentences of three years for lesser amounts and ten years for larger quantities.

Additionally, the bill imposes severe penalties for distributing controlled substances to minors, with first offenses resulting in a mandatory minimum of five years in prison and subsequent offenses leading to at least fifteen years. It also stipulates that if a person dies as a direct result of using a distributed substance, the distributor may face a Class 2 felony charge, escalating to a Class 1 felony if aggravating circumstances apply or if the substance is known to be fentanyl. The bill allows for civil penalties of up to ten thousand dollars in addition to criminal penalties for violations.

Statutes affected:
Introduced, 02/05/2025: 22-42-2.4, 22-42-19
Senate Judiciary Engrossed, 03/06/2025: 22-42-2
Enrolled, 03/12/2025: 22-42-2