The bill amends South Dakota's law regarding the ingestion of controlled substances, specifically addressing penalties and treatment options for violations. Under the revised statute, 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 supervised probation, potentially including evidence-based programs like HOPE probation. A second violation remains a Class 1 misdemeanor but allows for a 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 those who violate the law, thereby shifting the focus from solely punitive measures to a more rehabilitative approach.

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