South Dakota § 34-20C-1 - Definition of terms.

§ 34-20C-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I to IV, inclusive;

(2)    "Illegal drug," a controlled drug or substance or marijuana whose distribution is a violation of state law;

(3)    "Illegal drug market," the support system of illegal drug related operations, from manufacture to retail sales, through which an illegal drug reaches the user;

(4)    "Illegal drug market target community," the area described under § 34-20C-11;

(5)    "Level 1 participation," possession of sixteen ounces or more or distribution of four ounces or more of a controlled drug or substance or possession of ten pounds or more or distribution of one pound or more of marijuana;

(6)    "Level 2 participation," possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a controlled drug or substance or possession of one to ten pounds, or distribution of one-half pound but less than one pound, of marijuana;

(7)    "Level 3 participation," possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a controlled drug or substance, or possession of one-half pound but less than one pound, or distribution of more than one ounce but less than one-half pound of marijuana;

(8)    "Level 4 participation," possession of one-fourth ounce or more, but less than four ounces, or distribution of less than one ounce of a controlled drug or substance, or possession of less than one-half pound, or distribution of one ounce or less of marijuana;

(9)    "Participate in the illegal drug market," to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. The term does not include the purchase or receipt of an illegal drug for personal use only;

(10)    "Period of illegal drug use," in relation to the individual drug user, the time of the user's first use of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence;

(11)    "Place of illegal drug activity," in relation to the individual drug user, each county in which the user possesses or uses an illegal drug or in which the user resides, attends school, or is employed during the period of the user's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence;

(12)    "Place of participation," in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market;

(13)    "User," the person whose illegal drug use is the basis of an action brought under this chapter.

Source: SL 1997, ch 203, § 2.