The South Dakota House Judiciary Committee has sent (Feb. 26, 2025) a bill reducing penalties for drug ingestion to the full House, without recommendation.
Senate Bill 83 would change ingestion of controlled substances from a felony to a Class 1 misdemeanor for first and second offenses, with a third offense within ten years becoming a Class 6 felony.
Sen. Tamara Grove from Lower Brule, the bill’s prime Senate sponsor, cited statistics showing South Dakota ranks ninth highest in incarceration, despite being the 41st most populated state.
Opponents, such as Stanley County State’s Attorney Tom Maher, argued the change would weaken tools needed to address addiction effectively. Maher said if you take away the threat of imprisonment, they’re going to have no incentive to show up for court.
The committee’s initial vote on a do-pass motion failed 5-8. A motion to kill the bill deadlocked at 7-7, also failing. Rep. Will Mortenson of Fort Pierre then moved to send the bill to the full House without recommendation, which passed 10-3.
The bill has already been passed by the Senate.
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