No person, other than a consumer or patient, may knowingly purchase or receive a prescription drug from any source other than a drug distributor or pharmacy licensed by the board under this chapter or chapter 36-11, as applicable.

Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 6 felonyup to 2 yearsup to $4,000
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-1 and § 22-6-2

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Terms Used In South Dakota Codified Laws 36-11A-5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1991, ch 307, §§ 5, 20; SL 2017, ch 174, § 9.