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Attorney General Marty Jackley

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AG Jackley Issues Advisory on Dangerous Synthetic Drugs

FOR IMMEDIATE RELEASE :      Friday, January 06, 2012
CONTACT:   Sara Rabern,  (605) 773-3215 

AG Jackley Issues Advisory that SD has Made Possession and Distribution of Dangerous Synthetic Drug Products for Intoxication Purposes Unlawful

PIERRE, S.D.  – Based upon recent public health concerns, Attorney General Marty Jackley would like to emphasize that substances labeled as “bath salts”, K2, Spice, Posh or Blaze are unlawful to sell, distribute, possess or ingest for intoxication purposes. The possession or ingestion of lawfully prescribed medications and alcohol is an exception to the law that became effective in July 1, 2011. Attorney General Jackley is continuing to work with other state agencies and our state legislature to further address this ever-changing synthetic drug market and associated dangerous health concerns that have been experienced in South Dakota.

South Dakota law specifically provides:

22-42-15.1.  Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor. Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor.

22-42-15.   Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.

For additional information about these controlled substances contact the Division of Criminal Investigation at 605-773-3111.