The 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 a violation classified as a Class 4 felony. However, if certain aggravating circumstances are present, such as possession of significant cash, firearms, or materials used for drug packaging, the offense escalates to a Class 3 felony. Notably, the bill introduces a Class 2 felony designation for offenses involving four milligrams or more of fentanyl, with mandatory minimum sentences of three years for amounts between four and fourteen milligrams, and ten years for amounts of fourteen milligrams or more.

Additionally, the bill imposes stricter 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 a minimum of fifteen years. It also establishes that if a person intentionally distributes a controlled substance or counterfeit substance that results in another person's death, they 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