Resolution No. 2018-164

Resolution No. 2018-164

WHEREAS, the Rosebud Sioux Tribe is a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of 1934 and pertinent amendments thereof: and

WHEREAS, the Rosebud Sioux Tribe is governed by a Tribal Council made up of elected representatives who act in accordance with the powers granted to it by its Constitution and By-laws; and

WHEREAS, the Rosebud Sioux Tribal Council is authorized to promulgate and enforce ordinances for the maintenance of law and order, and to safeguard the peace and morals, and general welfare of the Tribe, pursuant to the Rosebud Sioux Tribe Constitution and By-Laws Article IV Sections 1 (l), (m), (p) and (q), and

WHEREAS, the Rosebud Sioux Tribal Council has declared that a State of Emergency exists within the Rosebud Sioux Tribe as it relates to Meth addiction, and

WHEREAS, the Rosebud Sioux Tribe Judiciary Committee has recommended the Rosebud Sioux Tribe to adopt and approve the proposed amendments to the Rosebud Sioux Tribe Law and Order Code Title Five Chapter Twenty-eight, Section Eleven (RSTLOC 5-28-11), POSSESSION OF A CONTROLLED SUBSTANCE, RST Ordinance No. 2018‑02, Attachment #1; and

WHEREAS, the Rosebud Sioux Tribe agrees with and adopts the proposed amendments to the Rosebud Sioux Tribe Law and Order Code by the Rosebud Sioux Tribe Judiciary Committee; and

THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribal Council adopts the amendments to the Rosebud Sioux Tribe Law and Order Code by the Rosebud Sioux Tribe Judiciary Committee; and

BE IT ALSO RESOLVED, that the effective date of the amendment to the Rosebud Sioux Tribal Code shall be upon the final approval by the Rosebud Sioux Tribal Council and publication as required by law; and

BE IT ALSO RESOLVED, that the RST Office of the Secretary shall distribute the Ordinance to the Office of the Attorney General and all interested tribal entities, including tribal judges, police, Office of the Prosecutor, the Attorney General’s Office, tribal attorney and any other department responsible for enforcement of this law.

CERTIFICATION

This is to certify that the above Resolution No. 2018-164 was duly passed by the Rosebud Sioux Tribal Council with a first reading on September 19, 2018, by a vote of fifteen (15) in favor, zero (0) opposed and two (2) not voting. A second reading was duly held on January 11, 2019 by a roll call vote of fifteen (15) in favor, zero (0) opposed, zero (0) abstain and five (5) absent. The said resolution introducing Ordinance 2018-02 was adopted pursuant to authority vested in the Council. A quorum was present.

ATTEST:

Linda L. Marshall, Secretary

Rosebud Sioux Tribe

Rodney M. Bordeaux, President

Rosebud Sioux Tribe

Rosebud Sioux Tribe

Ordinance 2018-02

The Rosebud Sioux Tribe Law and Order Code Title Five, Chapter Twenty-eight, Section Eleven, POSSESSION OF A CONTROLLED SUBSTANCE, shall be amended as follows:

Chapter Twenty-Eight

5-28-11 Possession Of A Controlled Substance

Except as authorized by this Act, any person who knowingly or intentionally possesses a controlled substance listed in Schedules I through V unless the substances was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, is guilty of a Class A crime.

CHAPTER TWENTY-EIGHT

Drugs And Controlled Substances

5-28-1 Definitions

The following definitions are applicable to this section:

(1) “Controlled substances” means a drug, substances, or immediate precursor listed in Schedules I through V of this Act.

(2) “Deliver” or “delivery” means the actual or constructive transfer from one person to another of a controlled substance, whether or not there is an agency relationship. For purposes of this Act, it also includes an offer to sell a controlled substance. Proof of an offer to sell must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.

(3) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of a practitioner (in the course of professional practice or research), including prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery.

(4) “Dispenser” means a person who dispenses.

(5) “Distribute” means to deliver; other than by administering or dispensing, a controlled substance.

(6) “Distributor” means a person who distributes.

(7) “Marijuana” means and includes all parts of the plant cannabis sativa, cannabis americana, and cannabis indica, whether growing of not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plants, its seeds, or resin; but shall not include the mature stalks of such plants, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks except the resin extracted therefrom, fiber oil, cake, or the sterilized seed of such plant which is incapable of germination.

(8) “Narcotic drugs” means coca leaves, opium, cannabis, isonipecaine, amidone, isoamidone, ketobemidone, lysergic acid diethylamide, commonly known as LSD, and every substance neither chemically nor physically distinguishable from them; and any other drugs to which the Federal laws relating to narcotic drugs may now apply.

(9) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.

(10) “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds

(11) “Person” means any individual, corporation, government, or government subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

(12) “Poppy straw” means all parts, except the seeds, of the opium poppy after mowing.

(13) “Possession” means actual care, custody, control or management.

(14) “Practitioner” means:

(a) A physician, dentist, veterinarian, scientific investigator; or other person licensed, registered, or otherwise permitted to distribute, dispense, analyze or conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State; or

(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this State.

(15) “Production” includes manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

(16) “Ultimate user” means a person who has lawfully obtained and possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal by him or by a member of his household.

5-28-2 Standards and Schedules

The Rosebud Sioux Tribal Council determines that the substances listed in Schedules I, II, III, IV, and V shall be controlled substances.

5-28-3 Schedule I – Opiates and Hallucinogens

Schedule I shall initially consist of the controlled substances listed in this section as follows:

(1) Any of the following opiates, indicating their isomers, esters, ethers, salts, and salts, of isomers, esters, and ethers unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

a. Allylprodine b. benzethidine

c. betaprodine d. clonitazene

e. Dextrorphan f. Diampromide

g. Diethylthiambutene h. Dimenoxadol

i. Dimethylthiambutene j. Dioxaphetyl Butyrate

k. Dipipanone l. Ethylmethylthiambutene

m. Etonitazene n. Etoxeridine

o. Furethidine p. Hydroxypethidine

q. Ketobemidone r. Levophenacylmorphan

s. Meprodine t. Methadol

u. Moramide v. Morpheridine

w. Noracymethadol x. Norlevorphanol

y. Normethadone z. Norpipanone

A. Phenodoxone B. Phenampromide

C. Phenomorphan D. Phenorperidine

E. Piritramide F. Proheptazine

G. Proheptazine H. Propiram

I. Trimeperidine  

(2) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

a. Acetorphine b. Acthldihydrocodeine

c. Benzylmorphine d. Codeine methybromide

e. Codeine-N-Oxide f. Cyprenorphine

g. Desomorphine h. Dihydromorphine

i. Etorphine j. Heroin

k. Hydromorphinol l. Methyldesorphine

m. Methyldihydromorphine n. Norphine methylbromide

o. Morphine methylsulfonate p. Morphine-N-Oxide

q. Myrophine r. Nicocodeine

s. Nicomorphine t. Normorphine

u. Pholcodine v. Thebacon

(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

3,4-methylenedioxy amphetamine

5-methoxy-3, 4-methylenedixy amphetamine

3, 4, 5-trimethoxy amphetamine

Bufotenine

Diethyltryptamine

Dimethyltryptamine

4-methyl-2, 5-dimethoxyamphetamine

Ibogaine

Lysergic acid diethylamide

Marijuana

Mescaline

Peyote

N-ethyl-3-piperidyl benzilate

N-methyl-3-piperidyl benzilate

Psilocybin

Psilocyn

Tetrahydrocannabinols and synethetice equilalents of the substances contained in the plant, or in the resinous extractives of cannabis or synthetic substances, derivatives and their isomers with similar chemicals structruer and pharmacological activity such as the following:

delta-1 cis or trans tetrahydrocannabinot, and their optical isomers;

delta -6 cis or trans tetrahydrocannabinol, and their optical isomers.

delta-3, 4 cis or trans tetrahydrocannabinol and its optical isomers.

5-28-4 Schedule II – Opium and Amphetamines

Schedule II shall initially consist of the controlled substances listed in this section, as follows:

(1) Any of the following substances, except those narcotic drugs listed in other schedules, however produced:

(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, including the following:

1. Raw opium

2. Opium extracts

3. Opium Fluid extracts

4. Powered opium

5. Granulated opium

6. Tincture of opium

7. Apomorphine

8. Codeine

9. Ethylmorphine

10. Hydrocodone

11. Metopon

12. Morphine

13. Oxycodone

14. Oxymorphone

15. Thebaine

(b) Any salt, compound, isomer; derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (a) of this section, but not including the isoquinoline alkaloids of opium;

(c) Opium poppy and poppy straws;

(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.

(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(a) Alphaprodine (b) Anileridine

(c) Bexitramide (d) Dihydrocodeine

(e) Dephenoxylate (f) Fentanyl

(g) Isomethadone (h) Levomethorphan

(i) Levorphanol (j) Metazocine

(k) Methadone  

(I) Methadone-lntermediate, 4-cyano-2dimethylamino-4, 4-diphenyl butane

(m) Moramide-Intermediate, 2-methyl-3-corpholino-1, 1-duphenylporpane-carboxylic acid

(n) Pethidine

(o) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

(p) Pethidine-Intermediate-B, ethyl-4-phenyl-piperdine-4-carboxylate

(q) Pethidine-Intermediate-C, 1-methyl-4-phenyl-piperidine-4-carboxylic acid

(r) Phenazocine

(s) Piminodine

(t) Racemethorphan

(u) Racemorphan

(3) Unless listed in another Schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(a) Amphetamine, its salts, optical isomers, and salts of its optical isomers

(b) Methamphetamine, including its salts, isomers, and salts of isomers

(c) Methylphenidate and its salts

(d) Phenmetrazine and its salts

(4) Methaqualone

5-28-5 Schedule III – Depressants and Narcotics

(1) Schedule III shall initially consist of the controlled substances listed in this section, as follows.

(2) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect of the central nervous system:

(a) Any substance which contains any quantity of a derivative or barbituric acid, or any salt of a derivative or barbituric acid, except those substances which are specifically listed in other schedules.

(b) Chlorkexadol

(c) Glutethimide

(d) Lysergic acid

(e) Lysergic acid amide

(f) Methyprylon

(g) Phencyclidine

(h) Sulfondiethylmethane

(i) Sulfonethylmethane

(j) Sulfonmethane

(3) Nalorphine

(4) Any material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any salts thereof:

(a) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.

(b) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milliliters per dosage unit, with one ‘or more active non-narcotic ingredients in recognized therapeutic amounts.

(c) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(d) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

(e) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

(f) Not more than 300 milligrams of ethylmorphine or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts.

(g) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

(h) Not more than 50 milligrams of morphine, of any of its salts, per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

5-28-6 Schedule V – Barbiturates

(1) Schedule IV shall initially consist of the controlled substances listed in this section, as follows.

(2) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(a) Barbital

(b) Chloral Betaine

(c) Chloral Hydrate

(d) Ethchlorvynol

(e) Ethinamate

(f) Methohexital

(g) Meprobamate

(h) Methylphenabarbital

(i) Paraldehyde

(j) Petrichloral

(k) Phenobarbital

(3) Any compound, mixture, or preparation containing any depressant substance listed in Section (2) of this section is excepted from the application of all or any part of this Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

5-28-7 Schedule V – Prescription Drugs

(1) Schedule V shall initially consist of the controlled substances listed in this section, as follows.

(2) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contain one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal quantities other than those possessed by the narcotic drug alone:

(a) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(b) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(c) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(d.) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(e) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams.

5-28-8 Exclusion from Schedule

A non-narcotic substance is excluded from Schedule I through V if the Substance may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act and the Tribal Council shall have no power to include a non narcotic substance in Schedules I through 

V if the Substance may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act.

5-28-9 Regulation of Manufacture, Distribution and Dispensing of Controlled Substances

(1) Registration Requirements

(a) Every person who manufactures, distributes, analyzes, or dispenses any controlled substance within the exterior boundaries of the Rosebud Sioux Indian Reservation must possess a valid registration from the South Dakota State Board of Pharmacy. Said registrations must be obtained annually and be on compliance with all rules and regulations promulgated by the State.

(b) Persons, registered with the State of South Dakota or the United State of America to manufacture, distribute, dispense, analyze or conduct research with controlled substances may possess, manufacture, distribute, dispense, analyze or conduct research with those stances to the extent authorized by their registration.

5-28-10 Distribution, Manufacture, or Possession with intent to Distribute

Except as authorized by this Act, any person who knowingly or intentionally manufactures, distributes, or possesses with intent to manufacture or distribute a controlled substance listed in Schedules I through V, is guilty of a Class A crime.

5-28-11 Unlawful Possession of Controlled Substance

Except as authorized by this Act, any person who knowingly or intentionally possesses a controlled substance listed in Scheduled I through V unless the substances was obtained directly from, or pursuant to a valid prescription or order, or order of a practitioner while acting in the course of his professional practice, is guilty of a Class B crime.

Published once at the total approximate cost of $305.67

Published: February 6, 2019

PO Box 229, Mission, SD 57555 • 605-856-4469 • This email address is being protected from spambots. You need JavaScript enabled to view it.