Senate Bill 83: South Dakota Moves to Ease Felony Drug Ingestion Charges

8 February 2025

A legislative push to ease penalties for drug ingestion offenses in South Dakota is gaining momentum. Senate Bill 83, sponsored by Sen. Tamara Grove (R-Lower Brule), was approved by the Senate Judiciary Committee in a 5-1 vote. If enacted, the bill would make first- and second-time drug ingestion offenses Class 1 misdemeanors, rather than felonies, provided they occur within a five-year period. A third offense, or any ingestion offense committed by an inmate, would remain a felony. The bill also mandates a chemical dependency evaluation and treatment recommendations for offenders.

South Dakota is currently the only state where a failed drug test alone can lead to a felony conviction. Supporters argue that the existing law does little to curb drug use but instead burdens individuals with criminal records that hinder employment and housing opportunities, perpetuating cycles of addiction. Opponents, including representatives from law enforcement, believe that reducing penalties could diminish deterrence and increase risks to public safety.

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