G.D. Hancock, Ph.D.

South Dakota

South Dakota has one law on supplying drugs that cause a death.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

Distribution causing death

Rewritten in 2024. Intentionally distributing a controlled or counterfeit substance for payment when another person dies as a direct result of using it. The offense is more serious if the drug was fentanyl and the seller knew it, if three or more listed aggravating circumstances apply, or if the person who died was a minor.

Statute
S.D. Codified Laws § 22-42-2
Penalty
Class 2 felony: up to 25 years. Class 1 felony (knowing fentanyl, or aggravating circumstances): up to 50 years. Class C felony (a minor's death): life. Plus a civil penalty of up to $10,000. (S.D. Codified Laws § 22-6-1)

Calling for help: the Good Samaritan law

A person who contacts police or emergency services to report that someone needs emergency help for a drug overdose, stays and cooperates cannot be arrested or prosecuted for possessing or ingesting a controlled substance when the evidence came from the call. It does not cover distribution.

Statute: S.D. Codified Laws §§ 34-20A-109 to 34-20A-113

Does calling for help protect against the drug-death charge? No.

The Good Samaritan law does not list the drug-death offense, so it does not protect against that charge.

Whatever the law says, if someone is overdosing, call 911. A life comes first. More on calling 911.

Federal law

Federal law applies in every state. When death or serious bodily injury results from using a Schedule I or II drug that a person distributed, federal law sets a mandatory minimum of 20 years and a maximum of life. Federal prosecutors can bring this charge whatever the state law says. (21 U.S.C. § 841(b)(1)(A)-(C))

Cases from South Dakota in the database sample

7 cases in the published sample of the drug-induced homicide case database were prosecuted in South Dakota. The database is still being built; the complete version will be published when it is finished.

Sources

  1. S.D. Codified Laws § 22-42-2
  2. S.D. Codified Laws § 22-6-1
  3. S.D. Codified Laws §§ 34-20A-109 to 34-20A-113
  4. 21 U.S.C. § 841(b)(1)(A)-(C)

About this information

This page describes what the statutes say, as of 7 October 2026. It is not legal advice, and it can’t tell you how a court will apply the law to any particular case. Laws change; check the statute, and please speak to a lawyer in South Dakota about your own situation.