South Dakota Codified Laws 34-20D-10. Possession of product, mixture, or preparation containing ephedrine base,pseudoephedrine base, or phenylpropanolamine base restricted–Exception–Misdemeanor
No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.
Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 34-20D-10
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(1) A retail distributor of drug products;
(2) A wholesale drug distributor, or its agents;
(3) A manufacturer of drug products, or its agents;
(4) A pharmacist licensed by the Board of Pharmacy; or
(5) A licensed health care professional possessing the drug products in the course of carrying out the profession.
Any violation of this section is a Class 1 misdemeanor.
Source: SL 2006, ch 181, § 8.