Terms Used In South Dakota Codified Laws 34-20B-35
- Conviction: A judgement of guilt against a criminal defendant.
- Department: the Department of Health created by chapter 1-43. See South Dakota Codified Laws 34-20B-1
- Distribute: to deliver a controlled drug, substance, or marijuana. See South Dakota Codified Laws 34-20B-1
- Manufacture: the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See South Dakota Codified Laws 34-20B-1
- State: the State of South Dakota. See South Dakota Codified Laws 34-20B-1
The department shall register an applicant to manufacture and distribute controlled drugs and substances included in Schedules I through IV of §§ 34-20B-11 to 34-20B-26, inclusive, unless it is determined that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(1) Maintenance of effective controls against diversion of particular controlled drugs and substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with the applicable state and local law;
(3) Prior conviction record of applicant under federal and state laws relating to the manufacture, distribution, or dispensing of such substances;
(4) Past experience in the manufacture of controlled drugs and substances, and the existence in the establishment of effective controls against diversion; and
(5) Such other factors as may be relevant to and consistent with the public health and safety.