The bill amends South Dakota's law regarding the unauthorized possession of controlled drugs or substances. Specifically, it revises Section 22-42-5 to clarify that no person may knowingly possess a controlled substance unless it was obtained through a valid prescription or as otherwise authorized. The amendment removes the provision that previously allowed for a charge of unauthorized possession when the substance is absorbed into the human body to be charged under a different section (22-42-5.1).

Additionally, the bill establishes the classification of felonies for violations of this section based on the schedule of the controlled substance. Possession of substances listed in Schedules I or II is classified as a Class 5 felony, while possession of substances in Schedules III and IV is classified as a Class 6 felony. This change aims to streamline the legal framework surrounding the possession of controlled substances and ensure consistent penalties based on the severity of the substance involved.

Statutes affected:
Introduced, 01/23/2026: 22-42-5