PIERRE, S.D.- As fentanyl continues to fuel a deadly drug crisis nationwide, South Dakota lawmakers are moving forward with a bill that would impose mandatory minimum sentences and hefty fines for fentanyl dealers.
House Bill 1230, introduced by Rep. John Hughes (R-Sioux Falls), passed the House Judiciary Committee on Friday. Modeled after a similar Florida law, the bill aims to crack down on fentanyl distribution by mandating strict prison terms and financial penalties.
Listen to the committee hearing
“A number of people told me we have to do something about the deaths from fentanyl in our state,” said Hughes, who personally knows of three young adults who have recently died from overdoses, including two from fentanyl. “We have a duty to protect the public, and the only way I can see is to isolate these offenders.”
If passed, the bill would make unauthorized distribution of or possession with intent to distribute four milligrams or more of fentanyl a Class 2 felony, carrying the following penalties:
- For four to fewer than 14 milligrams: at least three years in prison and a mandatory $50,000 fine.
- For 14 to fewer than 28 milligrams: at least 15 years in prison and a mandatory $100,000 fine.
- For 28 milligrams or more: at least 25 years in prison and a $500,000 fine.
Supporters, including Minnehaha County Sheriff Mike Milstead, argue that tougher penalties are essential to deterring fentanyl trafficking. Milstead, who serves on the board of directors for the National Sheriff’s Association, pointed to a surge in fentanyl-related arrests and seizures in South Dakota.
“This problem isn’t going away overnight. We need to be very aggressive. We need to make it very unpopular to be a drug dealer,” said Milstead.
As Emily’s Hope previously reported, in 2024, South Dakota law enforcement made 330 fentanyl-related arrests, up from 284 in 2023. Seizures of the drug in the state also increased dramatically, with 18.2 pounds confiscated in 2024, compared to 10.2 pounds a year earlier.
“It’s a critical issue for us. Let’s deter those individuals who are profiting,” Milstead said.
However, attorney Cash Anderson raised concerns about the bill, arguing that federal authorities already handle many large-scale drug cases and questioning whether prosecutors should have the power to waive penalties. He also noted that fentanyl is often mixed with other substances, meaning some dealers may not even realize they are distributing it.
Hughes dismissed that argument, emphasizing that the bill targets large-scale distributors, not personal users.
“Surely it can’t be a defense to not know you’re possessing an illegal drug. I don’t think that works,” Hughes said.
Meanwhile, another bill aimed at increasing penalties for distributing Schedule I or II drugs that result in death, House Bill 1088, was tabled until Monday amid concerns over the state’s prison capacity.
“This particular matter—we didn’t hear from prosecutors or law enforcement asking for increased penalties,” said Rep. Will Mortenson (R-Fort Pierre). “We have a real prison need in this state, and we’re not going to meet it this year.”