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 and probation--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 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 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 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 or a period of probation that the court deems best. As a condition of probation, the court shall include that the defendant complete a drug and alcohol evaluation and complete any recommended course of treatment. The court may impose other terms and conditions of probation as it deems best.

If a conviction for a violation of this section is a third offense within ten years of the first conviction, the person is guilty of a Class 6 felony.