This bill amends South Dakota law regarding the unauthorized distribution of fentanyl and establishes corresponding penalties. It specifies that violations of the law can result in varying degrees of felony charges based on the circumstances surrounding the offense. For instance, a violation involving four milligrams or more of fentanyl is classified as a Class 2 felony, 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 introduces stricter penalties for distributing controlled substances to minors, with mandatory sentences of at least one year for first offenses and at least ten years for subsequent offenses.

The bill also outlines specific aggravating circumstances that can elevate the severity of the charges, such as possession of cash, firearms, or materials used in drug manufacturing. Furthermore, it 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 legislation also 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