Waiver of electronic reporting--Disclosure of record to law enforcement.
attorney general may grant a retailer a waiver pursuant to § 34-20D-8 if the retailer demonstrates that
the electronic reporting will cause the retailer an undue economic hardship or that the retailer does
not have the technological ability to report electronically. If a waiver is granted, the retailer shall
disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.
Immunity from civil liability for good faith release of information to law
Any retailer who in good faith releases information governed by this chapter to a law
enforcement agency for a law enforcement purpose is immune from civil liability for such release
unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Source: SL 2006, ch 181, § 7.
34-20D-10 Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine ...
Possession of product, mixture, or preparation containing ephedrine base,
pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.
may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine
base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day
period. This restriction does not apply to any quantity of product, mixture, or preparation obtained
pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with
Possession of more than nine grams of a drug product containing more than nine grams of
ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable
presumption of the intent to use the product as a precursor to methamphetamine or another controlled
substance. This rebuttable presumption does not apply to:
A retail distributor of drug products;
A wholesale drug distributor, or its agents;
A manufacturer of drug products, or its agents;
A pharmacist licensed by the Board of Pharmacy; or
A licensed health care professional possessing the drug products in the course of carrying
out the profession.
Any violation of this section is a Class 1 misdemeanor.
Source: SL 2006, ch 181, § 8.
34-20D-11 Real-time electronic record-keeping system--Calculation of purchase limitations--Private v...
Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.
The Office of the Attorney General may provide retailers of chemical products
containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic
record-keeping system to enter into the record system any transaction required by § 34-20D-8. The
real-time electronic record-keeping system shall be maintained in a central repository and shall have
the capability to calculate state and federal ephedrine base, pseudoephedrine base, and
phenylpropanolamine base purchase limitations. The electronic record-keeping system shall include
a record of all the information obtained under § 34-20D-8 and the unique identification number,
type, and state of issue. The Office of the Attorney General may contract with a private vendor to
implement this section. A contractor shall comply with the confidentiality requirements of this
chapter and is subject to sanctions for violation of confidentiality requirements, including
termination of the contract. No cost may be assessed to the retailer associated with the
implementation, access, continuation, or maintenance of the electronic record-keeping system.
Source: SL 2014, ch 166, § 2.
34-20D-12 Law enforcement access to electronic record-keeping system.
Law enforcement access to electronic record-keeping system.
general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter.
Source: SL 2014, ch 166, § 4.