Changes to Existing Law

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 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 The following penalties apply to 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.: (1) A first violation is a Class 1 misdemeanor, and the court may sentence the person to a period of probation that the court deems best. If probation is ordered, the court must, as a condition of probation, include that the person complete a drug and alcohol evaluation and complete any recommended course of treatment. The court may impose other terms and conditions of probation as the court deems best; (2) A second violation is a Class 1 misdemeanor, and the court shall sentence the person to a period of probation that the court deems best. As a condition of probation, the court shall include that the person complete a drug and alcohol evaluation and complete any recommended course of treatment. The court may impose other terms and conditions of probation as the court deems best; (3) A third or subsequent violation, occurring within five years of the person's first conviction, is a Class 6 felony; and (4) If the person is an inmate of a state correctional facility, a violation is Class 6 felony. 25