Fight Drug Charges in Rapid City, SD

Are You Facing Drug Possession Charges?

Possession of drugs in their many and various forms often result in criminal charges against the person found in possession of those drugs. Whether it be marijuana or other substances, the gravamen, burden, is knowledge. One must be in “knowing” possession or possess a drug “knowingly.”

South Dakota is also the only state in the union which defines possession to include a positive drug test. This means if a person tests positive for a certain drug because it exists within the body, such constitutes possession of the drug under state law. For example, if a urinalysis shows the metabolites or marijuana, you can be charged with possession the same way you could be if you had a baggie of the drug in your hand.

The good news is that recent changes in criminal laws and in sentencing practices are such that the focus is on rehabilitation instead of incarceration. While prison is still possible, and some jail time is probable, if a person is ready to seek treatment and mend their ways, the system will recognize sincere attempts to do so.

RENSCH LAW can guide you or your loved one through these drug charges. If RENSCH LAW can find a defense we are fully capable of trying a jury trial asserting said defense. If a person has a drug problem and wants help with the plea, sentencing, and rehabilitation process, RENSCH LAW has the resources and experience to guide you through and advise you accordingly. RENSCH LAW routinely handles drug cases in both state and federal courts and has tried federal drug conspiracies, federal possession charges, and state drug cases as well. RENSCH LAW has many years of experience with drug charges and is here to help. You can rest easy knowing you will be in good hands with our hard-working lawyers.

Choosing the Right Lawyer if Arrested for Drug Possession

If you are looking for an experienced lawyer to help you in your drug possession case, RENSCH LAW is there. RENSCH LAW can also assist you in navigating the complexities of drug law, exploring potential defenses, and reaching favorable plea agreements, with reasonable sentences, when necessary. Please understand that while there are many standards and often ordered sentencing conditions, each case is different and there is no guarantee a judge or prosecutor will go along with any given request or sentencing provision.

While outcomes cannot be guaranteed, RENSCH LAW will fight on your behalf and review your case in excruciating detail to find any advantage you may have available. If a plea deal needs to be made, it helps to have a trial lawyer in your corner to assess the facts and secure a reasonable agreement between the client and the state.

Drug Charges Frequently Asked Questions

I tested positive for drugs. Can I be charged with possession?

How long could I go to jail for a felony drug charge?

Felony drug charges can lead to various legal ramifications, impacting your life in significant ways and typically requires jail time. However, recent changes in criminal laws and sentencing practices have put more focus on rehabilitation instead of incarceration. It is crucial to understand the complexities involved in such cases. For personalized guidance and effective legal representation, we recommend consulting with experienced attorneys at Rensch Law.

Is it possible to have drug charges dropped or reduced?

The possibility of having drug charges dropped or reduced depends on various factors, including the specifics of your case and applicable legal strategies. For a thorough evaluation of your situation and expert guidance on potential outcomes, we recommend consulting with the experienced drug defense attorneys at Rensch Law.

South Dakota State Legislature Codified Drug Possession Laws

22-42-2. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances

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. However, 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 materials used to manufacture a controlled substance including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or

(5) The person is in possession of drug transaction records or customer lists.

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 the 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 by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

For further information from the South Dakota Legislature.

22-42-3. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony

Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least ninety days, which sentence may not be suspended. 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 two years, which sentence may not be suspended. 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.

For further information from the South Dakota Legislature.

22-42-4. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony

Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. 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. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.

For further information from the South Dakota Legislature.

22-42-5. Unauthorized possession of controlled drug or substance as felony

No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice or except as otherwise authorized by chapter 34-20B. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of § 22-42-5.1. A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.

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