25.339.22 100th Legislative Session 1230
2025 South Dakota Legislature
House Bill 1230
SENATE JUDICIARY ENGROSSED
This bill has been extensively amended (hoghoused) and may no longer be
consistent with the original intention of the sponsor.
Introduced by: Representative Hughes
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise a provision related to unauthorized distribution of fentanyl and 1
provide a penalty therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 22-42-2 be AMENDED: 4
22-42-2. Except as authorized by this chapter or chapter 34-20B, no person may 5
manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with 6
intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; 7
create or distribute a counterfeit substance listed in Schedules I or II; or possess with 8
intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this 9
section is a Class 4 felony. However, a 10
A violation of this section is a Class 3 felony if three or more of the following 11
aggravating circumstances apply: 12
(1) The person is in possession of three hundred dollars or more in cash; 13
(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6, 14
22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8); 15
(3) The person is in possession of bulk materials used for the packaging of controlled 16
substances; 17
(4) The person is in possession of a pill press; 18
(5) The person is in possession of materials used to manufacture a controlled substance 19
including recipes, precursor chemicals, laboratory equipment, lighting, ventilating 20
or power generating equipment; or 21
(5)(6) The person is in possession of drug transaction records or customer lists. 22
A violation of this section is a Class 2 felony if the offense involves four milligrams 23
or more of fentanyl. Unless a higher mandatory sentence applies, a conviction involving 24
four milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a 25
mandatory sentence of at least three years in a state correctional facility. Unless a higher 26 25.339.22 2 1230
Underscores indicate new language.
Overstrikes indicate deleted language.
mandatory sentence applies, a conviction involving fourteen milligrams or more of fentanyl 1
shall be punished by a mandatory sentence of at least ten years in a state correctional 2
facility. 3
The distribution of a substance listed in Schedules I or II to a minor is a Class 2 4
felony. A first conviction under this section shall be punished by a mandatory sentence in 5
a state correctional facility of at least one year, which sentence may not be suspended. 6
Probation, suspended imposition of sentence, or suspended execution of sentence may 7
not form the basis for reducing the mandatory time of incarceration required by this 8
section. A second or subsequent conviction under this section shall be punished by a 9
mandatory sentence in a state correctional facility of at least ten years, which sentence 10
may not be suspended. Probation, suspended imposition of sentence, or suspended 11
execution of sentence may not form the basis for reducing the mandatory time of 12
incarceration required by this section. However, a first conviction for distribution to a 13
minor under this section shall be punished by a mandatory sentence in a state correctional 14
facility of at least five years, which sentence may not be suspended. Probation, suspended 15
imposition of sentence, or suspended execution of sentence may not form the basis for 16
reducing the mandatory time of incarceration required by this section. A second or 17
subsequent conviction for distribution to a minor under this section shall be punished by 18
a mandatory sentence in a state correctional facility of at least fifteen years, which 19
sentence may not be suspended. Probation, suspended imposition of sentence, or 20
suspended execution of sentence, may not form the basis for reducing the mandatory 21
time of incarceration required by this section. 22
Any conviction for, or plea of guilty to, an offense in another state which, if 23
committed in this state, would be a violation of this section, and occurring within fifteen 24
years prior to the date of the violation being charged, must be used to determine if the 25
violation being charged is a second or subsequent offense. 26
Any person who, for consideration, intentionally distributes any controlled 27
substance or counterfeit substance in violation of this section and another person dies as 28
a direct result of using that substance is guilty of a Class 2 felony. If three or more of the 29
above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the 30
substance is fentanyl and the person knew the substance was fentanyl, the person is guilty 31
of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony. 32
A civil penalty may be imposed, in addition to any criminal penalty, upon a 33
conviction of a violation of this section not to exceed ten thousand dollars. A conviction 34
for the purposes of the mandatory sentence provisions of this chapter is the acceptance 35 25.339.22 3 1230
Underscores indicate new language.
Overstrikes indicate deleted language.
by a court of any plea, other than not guilty, including nolo contendere, or a finding of 1
guilt by a jury or court. 2