34-20B-1. Definitions. Terms as used in this chapter mean: (1)”Administer,” to deliver a controlled drug or substance to the ultimate user or human research subject by injection, inhalation, or ingestion, or by any other means; (2)”Agent,” an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser and […]
34-20B-10. Scheduled substances to be controlled–Nomenclature in schedules. All controlled drugs and substances listed in §§34-20B-11 to 34-20B-26, inclusive, are hereby controlled. The schedules set forth in said sections include the controlled drugs and substances listed or to be listed, by whatever official name, common or usual name, or trade name designated. Source: SL 1970, […]
34-20B-100. Contracts with government agencies or private organizations. The Department of Health is hereby authorized to contract with agencies of the federal, state, or local government or any private organization or foundation for the purposes of carrying out its functions under this chapter. Source: SL 1974, ch 263; SDCL Supp, §39-17-150.1.
34-20B-105. Residential alcohol and drug abuse treatment program authorized at Human Services Center. The Department of Social Services may establish and operate a residential alcohol and drug abuse treatment program at the South Dakota Human Services Center at Yankton. Source: SL 1975, ch 255, §1; SDCL Supp, §39-17-151.3; SL 1985, ch 278, §57; SL 1989, […]
34-20B-11. Criteria for inclusion of substance in Schedule I. To be included within Schedule I, a substance shall have: (1)A high potential for abuse; (2)No accepted medical use in the United States; and (3)A lack of accepted safety for use under medical supervision. Source: SL 1970, ch 229, §8 (a); SDCL Supp, §39-17-54; SL 1976, […]
34-20B-113. Severability of provisions and applications. If a provision of this chapter is held unconstitutional or invalid, all constitutional or valid provisions that are severable shall remain in effect. If a provision of this chapter is held unconstitutional or invalid in one or more of its applications, the provision shall remain in effect in all […]
34-20B-114. Citation of chapter. This chapter may be cited as the State Drugs and Substances Control Act. Source: SL 1970, ch 229, §17; SDCL Supp, §39-17-155.
34-20B-115. Kratom–Under age–Misdemeanor. The following actions are unlawful: (1)To knowingly sell or distribute kratom to a person under the age of twenty-one; (2)The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of kratom by a person under the age of twenty-one; and (3)To purchase kratom on behalf […]
34-20B-116. State directed opioid trust fund established–Source of funds–Purpose. The opioid abatement and remediation fund is established in the state treasury. Money received from the following sources may be deposited into the fund: (1)Money received by the state pursuant to settlements or judgments relating to opioids; (2)Any gifts, bequests, or donations; and (3)Interest earned on […]
34-20B-117. Delta-8 Tetrahydrocannabinol, THC-O Acetate, Hexahydrocannabinol–Under Age–Misdemeanor. The following actions are unlawful: (1)To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one; (2)The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption […]
34-20B-12. Specific substances included in Schedule I. Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (1)Acetylmethadol; (2)Allylprodine; (3)Alphacetylmethadol, except levo-alphacetylmethadol, […]
34-20B-13. Opium derivatives and opiates included in Schedule I. Any of the following opium derivatives and opiates, their salts, isomers, esters, ethers, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, esters, ethers, and salts of isomers, esters, and ethers is possible […]
34-20B-14. Hallucinogenic substances included in Schedule I. Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: […]
34-20B-15. Criteria for inclusion of substances in Schedule II. To be included within Schedule II, a substance shall have: (1)A high potential for abuse, (2)Currently accepted medical use in the United States, or currently accepted medical use with severe restrictions, and (3)Abuse which may lead to severe psychic or physical dependence. Source: SL 1970, ch […]
34-20B-16. Substances included in Schedule II. Any of the following substances, including their salts, isomers, and salts of isomers, is included in Schedule II except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of […]
34-20B-17. Opiates included in Schedule II. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule II, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: (1)Alphaprodine; (2)Anileridine; (3)Bezitramide; (4)Diphenoxylate; (5)Fentanyl; (6)Isomethadone; […]
34-20B-18. Criteria for inclusion of substances in Schedule III. To be included within Schedule III, a substance shall have: (1)A potential for abuse less than the substances listed in Schedules I and II; (2)Well documented and approved medical use in the United States; and (3)Abuse which may lead to moderate or low physical dependence or […]
34-20B-19. Stimulants specifically included in Schedule III. Any material, compound, mixture, or preparation is included in Schedule III which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (1)Benzphetamine; (2)Chlorphentermine; (3)Phendimetrazine; (4)Ephedrine. Source: SL 1970, ch 229, §8 (c); SDCL Supp, §39-17-62; […]
34-20B-19.1. Ephedrine defined. For the purposes of §34-20B-19, the term, ephedrine includes ephedra, herbs and herbal products that contain ephedrine alkaloids, including ma huang, Chinese ephedra, ephedra sinica, ephedra herb powder, epitonin, or any extract of those substances, but the term does not include any drug that contains ephedrine and is lawfully sold, transferred, or […]
34-20B-2. Drug defined. For the purposes of this chapter, unless the context otherwise requires, “drug” means: (1)Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, unless the department shall determine that any such article is inconsistent with the […]
