The bill amends Section 34-20A-111 of South Dakota law to revise the qualifications for immunity from prosecution following a drug-related overdose. Under the new provisions, a person who experiences a drug-related overdose and requires 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 the individual or another person contacts law enforcement or emergency medical services and requests medical assistance due to the overdose.

Additionally, the bill clarifies that immunity applies only if the evidence for any potential charges or prosecution was obtained as a direct result of the drug-related 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.

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