The bill amends South Dakota's law regarding the ingestion of controlled substances, specifically addressing penalties and treatment options for violations. Under the revised law, individuals who knowingly ingest a controlled drug or substance without a valid prescription or authorization will face varying penalties based on the number of violations. A first violation will be 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 the HOPE probation program. 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.

For a third or subsequent violation occurring within ten years of the first conviction, the offense escalates to a Class 6 felony. The bill emphasizes the importance of treatment and rehabilitation by mandating evaluations and treatment courses for offenders, aiming to address substance abuse issues rather than solely imposing punitive measures.

Statutes affected:
Introduced, 01/21/2025: 22-42-5.1
Senate Judiciary Engrossed, 02/04/2025: 22-42-5.1
Enrolled, 03/03/2025: 22-42-5.1