South Dakota currently treats drug ingestion as a felony regardless of prior history, but this bill changes it to a misdemeanor for first and second offenses while requiring drug evaluation and treatment as conditions of probation. Only a third violation within five years would become a felony under the new system. This shift prioritizes treatment over immediate felony prosecution for people struggling with substance use.
Signed by the Governor S.J. 529
Delivered to the Governor S.J. 450
Signed by the Speaker H.J. 455
Signed by the President S.J. 425
House of Representatives Do Pass Amended Passed, YEAS 37, NAYS 33. H.J. 428
House of Representatives Placed on calendar pursuant to JR 6F-6 Passed, YEAS 49, NAYS 21. H.J. 423
Judiciary Report out of committee without recommendation Passed, YEAS 10, NAYS 3.
Judiciary Do Pass Failed, YEAS 5, NAYS 8.
Judiciary Scheduled for hearing
House of Representatives Referred to House Judiciary H.J. 240
First Reading House H.J. 226
Senate Do Pass Amended Passed, YEAS 18, NAYS 17. S.J. 197
Judiciary Do Pass Amended Passed, YEAS 5, NAYS 1. S.J. 1
Judiciary Motion to amend S.J. 1
Judiciary Scheduled for hearing S.J. 1
Judiciary Deferred to another day
Judiciary Motion to amend
Judiciary Scheduled for hearing
Senate Referred to Senate Judiciary S.J. 101
First Reading Senate S.J. 71
Prime sponsor · Rep
R
Dist. HD-011
Prime sponsor · Sen
R
Dist. SD-026
Placed on calendar pursuant to JR 6F-6
Do Pass Amended
Judiciary — Do Pass
Judiciary — Report out of committee without recommendation
Do Pass Amended
Judiciary — Do Pass Amended