South Dakota Reduces Drug Ingestion Penalties with SB 83

13 March 2025

South Dakota has officially scaled back one of the country’s toughest drug use laws. Governor Larry Rhoden signed Senate Bill 83 into law, changing the state’s approach to nonviolent drug offenses. Under the new statute, which takes effect July 1, first- and second-time ingestion of controlled substances will be classified as Class 1 misdemeanors instead of Class 5 felonies. The change reduces the maximum penalty from five years in prison and a $10,000 fine to one year in jail and a $2,000 fine.

The law addresses cases typically based on urine tests that reveal drug use, including methamphetamine and cocaine. The previous felony classification often resulted in long prison sentences, even for nonviolent offenders. SB 83 was introduced by freshman Senator Tamara Grove (Republican, from Lower Brule) and passed the legislature by narrow margins, reflecting a long-running push to revise the state’s punitive drug laws.

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Although the law will not apply retroactively or expunge past convictions, its implementation is expected to ease the burden on the state’s overextended prison system. Governor Rhoden acknowledged that many incarcerated for ingestion offenses are not receiving adequate treatment and emphasized the need for expanded rehabilitation services. He has tasked the Unified Judicial System with forming a task force to evaluate treatment courts and expand drug intervention programs.

The bill also promotes the use of supervised probation and evidence-based practices, such as the HOPE program. However, current rules limit HOPE to felony offenders, indicating a gap between the bill’s intent and its practical implementation. Legal adjustments may be required to align treatment options with the new misdemeanor classification.

This change could benefit South Dakota’s medical cannabis users and advocates, who have long pushed for a more nuanced drug policy. While cannabis ingestion remains a misdemeanor, the softened stance on controlled substance ingestion might signal broader reform potential. The shift could also ease challenges for those struggling with addiction, reducing the long-term impacts of felony convictions on employment and housing prospects.