115A 95th Legislative Session 932
Introduced by: Senator Kennedy
An Act to revise the penalty for the ingestion of certain controlled substances.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 22-42-5.1 be AMENDED:
22-42-5.1. Unauthorized ingestion of controlled drug or substance--Sentencing--Violation as misdemeanor or felony.
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 by or
pursuant to a valid prescription or order from a practitioner
while acting in
the course of the
professional practice or except as otherwise authorized by chapter
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
this section is a Class 1 misdemeanor. In addition, the court may
impose under § 23A-27-53 a probationary period of up to two
years for a violation of this section.
If a conviction for a violation of this section is a second offense, the person is guilty of a Class 1 misdemeanor and the court shall sentence the person to at least ten days in jail.
If a conviction for a violation of this section is a third or subsequent offense within ten years of the first conviction, the person is guilty of a Class 6 felony.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.