The bill amends South Dakota's existing law regarding the ingestion of controlled substances, specifically revising the penalties associated with such actions. It establishes that no person may knowingly ingest a controlled drug or substance unless it was obtained through a valid prescription or as otherwise authorized. The previous penalties, which classified violations involving substances in Schedules I or II as a Class 5 felony and those in Schedules III or IV as a Class 6 felony, have been replaced with a tiered penalty system.

Under the new provisions, 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 may result in up to one year in jail, along with similar probation and treatment requirements. A third or subsequent violation within ten years of the first conviction escalates to a Class 6 felony. This approach emphasizes treatment and rehabilitation over punitive measures for initial offenses.

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