An Act to revise the penalty for the ingestion of certain controlled substances.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 22-42-5.1 be AMENDED.
22-42-5.1. Unauthorized ingestion of controlled drug or substance--Sentencing and probation--Violation as misdemeanor or felony.
No person may knowingly ingest a
controlled drug or substance or have a controlled drug or substance
in an altered state in the body unless the substance was obtained
directly or pursuant to a valid prescription or order from a
practitioner, while acting in the course of the practitioner's
professional practice or except as otherwise authorized by chapter
34-20B.
A violation of this section for
a substance in Schedules I or II is a Class 5 felony. A violation of
this section for a substance in Schedules III or IV is a Class 6
felony
is a Class 1 misdemeanor. In addition, the court may impose under
23A-27-53
a probationary period of up to two years for a violation of this
section.
If a conviction for a violation of this section is a second offense, the person is guilty of a Class 1 misdemeanor and the court shall sentence the person to at least ten days in jail or a period of probation that the court deems best. As a condition of probation, the court shall include that the defendant complete a drug and alcohol evaluation and complete any recommended course of treatment. The court may impose other terms and conditions of probation as it deems best.
If a conviction for a violation of this section is a third offense within ten years of the first conviction, the person is guilty of a Class 6 felony.