The bill amends South Dakota's existing law regarding immunity from prosecution for individuals who experience a drug-related overdose. Under the revised statute, a person who suffers a drug-related overdose and seeks medical assistance will not face arrest, charges, or prosecution for any misdemeanor or felony related to the possession or use of controlled substances, provided that they or someone else contacts law enforcement or emergency medical services for help.

The amendment specifies that the immunity applies only if the evidence leading to the charge or prosecution was obtained as a direct result of the overdose and the subsequent need for medical assistance. This change aims to encourage individuals to seek help during overdose situations without the fear of legal repercussions, thereby promoting public health and safety.

Statutes affected:
Introduced, 01/28/2026: 34-20A-111
Enrolled, 03/09/2026: 34-20A-111