25.339.23 100th Legislative Session 1230
2025 South Dakota Legislature
House Bill 1230
ENROLLED
AN ACT
ENTITLED An Act to revise a provision related to unauthorized distribution of
fentanyl and provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-42-2 be AMENDED:
22-42-2. Except as authorized by this chapter or chapter 34-20B, no person may
manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with
intent to manufacture, distribute, or dispense a substance listed in Schedules I or II;
create or distribute a counterfeit substance listed in Schedules I or II; or possess with
intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this
section is a Class 4 felony.
A violation of this section is a Class 3 felony if three or more of the following
aggravating circumstances apply:
(1) The person is in possession of three hundred dollars or more in cash;
(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6,
22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8);
(3) The person is in possession of bulk materials used for the packaging of controlled
substances;
(4) The person is in possession of a pill press;
(5) The person is in possession of materials used to manufacture a controlled substance
including recipes, precursor chemicals, laboratory equipment, lighting, ventilating
or power generating equipment; or
(6) The person is in possession of drug transaction records or customer lists.
A violation of this section is a Class 2 felony if the offense involves four milligrams
or more of fentanyl. Unless a higher mandatory sentence applies, a conviction involving
four milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a
mandatory sentence of at least three years in a state correctional facility. Unless a higher 25.339.23 2 1230
HB1230 ENROLLED
mandatory sentence applies, a conviction involving fourteen milligrams or more of fentanyl
shall be punished by a mandatory sentence of at least ten years in a state correctional
facility.
The distribution of a substance listed in Schedules I or II to a minor is a Class 2
felony. A first conviction under this section shall be punished by a mandatory sentence in
a state correctional facility of at least one year, which sentence may not be suspended.
Probation, suspended imposition of sentence, or suspended execution of sentence may
not form the basis for reducing the mandatory time of incarceration required by this
section. A second or subsequent conviction under this section shall be punished by a
mandatory sentence in a state correctional facility of at least ten years, which sentence
may not be suspended. Probation, suspended imposition of sentence, or suspended
execution of sentence may not form the basis for reducing the mandatory time of
incarceration required by this section. However, a first conviction for distribution to a
minor under this section shall be punished by a mandatory sentence in a state correctional
facility of at least five years, which sentence may not be suspended. Probation, suspended
imposition of sentence, or suspended execution of sentence may not form the basis for
reducing the mandatory time of incarceration required by this section. A second or
subsequent conviction for distribution to a minor under this section shall be punished by
a mandatory sentence in a state correctional facility of at least fifteen years, which
sentence may not be suspended. Probation, suspended imposition of sentence, or
suspended execution of sentence, may not form the basis for reducing th e mandatory
time of incarceration required by this section.
Any conviction for, or plea of guilty to, an offense in another state which, if
committed in this state, would be a violation of this section, and occurring within fifteen
years prior to the date of the violation being charged, must be used to determine if the
violation being charged is a second or subsequent offense.
Any person who, for consideration, intentionally distributes any controlled
substance or counterfeit substance in violation of this section and another person dies as
a direct result of using that substance is guilty of a Class 2 felony. If three or more of the
above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the
substance is fentanyl and the person knew the substance was fentanyl, the person is guilty
of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony.
A civil penalty may be imposed, in addition to any criminal penalty, upon a
conviction of a violation of this section not to exceed ten thousand dollars. A conviction
for the purposes of the mandatory sentence provisions of this chapter is the acceptance 25.339.23 3 1230
HB1230 ENROLLED
by a court of any plea, other than not guilty, including nolo contendere, or a finding of
guilt by a jury or court. 25.339.23 4 1230
HB1230 ENROLLED
An Act to revise a provision related to unauthorized distribution of fentanyl and provide a
penalty therefor.
I certify that the attached Act originated in
the:
House as Bill No. 1230
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1230
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State