The bill amends South Dakota's law regarding the ingestion of controlled substances, specifically addressing penalties and treatment options for violations. Under the revised law, individuals who knowingly ingest a controlled drug or substance without a valid prescription or authorization will face varying penalties based on the number of violations. A first violation is classified as a Class 1 misdemeanor, requiring the individual to complete a drug and alcohol evaluation and undergo supervised probation, which may include evidence-based programs like the HOPE probation program. A second violation remains a Class 1 misdemeanor but allows for a potential jail sentence of up to one year, along with mandated probation and treatment recommendations.

For individuals with a third or subsequent violation within ten years of their first conviction, the offense escalates to a Class 6 felony. The bill emphasizes the importance of treatment and rehabilitation by mandating evaluations and the completion of recommended courses for repeat offenders, thereby aiming to address substance abuse issues more effectively within the legal framework.

Statutes affected:
Introduced, 01/21/2025: 22-42-5.1
Senate Judiciary Engrossed, 02/04/2025: 22-42-5.1
Enrolled, 03/03/2025: 22-42-5.1