An Act to prohibit driving a motor vehicle while exceeding the legal limit of delta 9-tetrahydrocannabinol.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-23-1 be AMENDED.

32-23-1. Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.

No person may drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;

(2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;

(3) Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving;

(4) Under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving; or

(5) Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15; or

(6) There is two nanograms or more of delta 9-tetrahydrocannabinol per milliliter in that person's whole blood as shown by chemical analysis of that person's blood.

Section 2. That § 32-23-6 be AMENDED.

32-23-6. Lawful use of drugs no defense.

The fact that any person charged with a violation of § 32-23-1 is or has been prescribed a drug under the laws of this state or authorized to use medical cannabis under chapter 34-20G is not a defense against any charge of violating § 32-23-1.