25.339.21 100th Legislative Session 1230
2025 South Dakota Legislature
House Bill 1230
Introduced by: Representative Hughes
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions related to, and establish the crime of, unauthorized 1
distribution of fentanyl and provide a penalty therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 22-42-2.4 be AMENDED: 4
22-42-2.4. Notwithstanding subdivision § 22-3-8(1), the punishment for 5
conspiracy to commit a violation of § 22-42-2 is the same as the punishment for violating 6
§ 22-42-2, and the punishment for conspiracy to commit a violation of section 2 of this 7
Act is the same as the punishment for violating section 2 of this Act. 8
Section 2. That a NEW SECTION be added to chapter 22-42: 9
Notwithstanding § 22-42-2, unauthorized distribution of, or possession with the 10
intent to distribute, four milligrams or more of fentanyl, is a Class 2 felony. Unless waived 11
by the prosecutor, the court shall impose the following penalties based on the amount of 12
fentanyl distributed or possessed: 13
(1) For four milligrams but fewer than fourteen milligrams of fentanyl, at least three 14
years imprisonment, which sentence may not be suspended, and a mandatory fine 15
of fifty thousand dollars; 16
(2) For fourteen milligrams but fewer than twenty-eight milligrams of fentanyl, at least 17
fifteen years imprisonment, which sentence may not be suspended, and a 18
mandatory fine of one hundred thousand dollars; and 19
(3) For twenty-eight milligrams or more of fentanyl, at least twenty -five years 20
imprisonment, which sentence may not be suspended, and a mandatory fine of five 21
hundred thousand dollars. 22
Section 3. That § 22-42-19 be AMENDED: 23 25.339.21 2 1230
Underscores indicate new language.
Overstrikes indicate deleted language.
22-42-19. Any person who commits a violation of § 22-42-2, section 2 of this Act, 1
22-42-3, or 22-42-4, or a felony violation of § 22-42-7, is guilty of a Class 4 felony, if 2
such the activity has taken took place: 3
(1) In, on, or within one thousand feet of real property comprising a public or private 4
elementary or secondary school or a playground; or 5
(2) In, on, or within five hundred feet of real property comprising a public or private 6
youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 7
felony. 8
The sentence imposed for a A conviction under this section carries a minimum must 9
be punished by a sentence of imprisonment at least five years in a state correctional 10
facility of five years. Any sentence imposed under this section shall must be consecutive 11
to any other sentence imposed for the principal felony. The court may not place on 12
probation, suspend the execution of the sentence, or suspend the imposition of the 13
sentence of any person convicted of a violation of this section. However, the The 14
sentencing court may impose a sentence other than that specified in this section if the 15
court finds that mitigating circumstances exist which that require a departure from the 16
mandatory sentence provided for in this section. The court's finding of mitigating 17
circumstances allowed by this section and the factual basis relied upon by the court shall 18
must be in writing. 19
It is not a defense to the provisions of this section that the defendant did not know 20
the distance involved. It is not a defense to the provisions of this section that school was 21
not in session. 22