An Act to revise the penalty for the ingestion of certain controlled substances.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 22-42-5.1 be AMENDED:
22-42-5.1.
No person may
knowingly ingest a controlled drug or substance or have a controlled
drug or substance in an altered state in the body unless the
substance was obtained directly
by or pursuant
to a valid prescription or order from a practitioner,
while
acting in the course of the practitioner's professional practice,
or except as otherwise authorized by chapter 34-20B.
A violation of this section
for a substance in Schedules I or II is a Class 5 felony. A violation
of this section for a substance in Schedules III or IV is a Class 6
felony
is a Class 1 misdemeanor, and in addition, the court may impose under
23A-27-53
a probationary period of up to two years.
If a conviction for a violation of this section is a second offense, the person is guilty of a Class 1 misdemeanor, and the court shall sentence the person to at least ten days in jail.
If a conviction for a violation of this section is a third or subsequent offense within ten years of the first conviction, the person is guilty of a Class 6 felony.