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.
Source: SL 1970, ch 229, §10 (c); SL 1971, ch 225, §3; SDCL Supp, §39-17-95; SL 1976, ch 158, §42-5; SL 1985, ch 186; SL 1998, ch 139, §1; SL 2013, ch 101, §58.