Across the United States, views on the best way to minimize drug abuse have evolved significantly over time. For many years, South Dakota had one of the toughest laws in the country regarding individuals found to have ingested illegal controlled substances. Someone with a positive drug test could have been convicted of a Class 5 Felony, punishable by a maximum five-year prison sentence. 

This has changed with Governor Larry Rhoden’s signature on a law that reduces the severity of drug ingestion offenses. Referred to as Senate Bill 83, this legislation signifies a step towards leniency and the prioritization of rehabilitation over punishment. Governor Rhoden acknowledged that there was significant opposition to the bill from South Dakota law enforcement groups and others, but said that that the previous harsh standard harmed residents with addiction problems and overwhelmed the state’s criminal justice system. 

Under the new law, unlawful drug ingestion is a Class 1 Misdemeanor, which means that a conviction would result in no more than one year in jail and a $2,000 fine. However, in balancing reform with accountability, the legislation maintains felony charges for third and subsequent offenses. This approach aims to give first-time and low-level offenders a second chance while preserving harsher penalties for repeat offenders.

Governor Rhoden noted the complexity of the situation and emphasized that the signing of this bill "cannot be the end of the discussion." The governor's remarks resonate with the growing consensus that effective drug policy should pivot toward rehabilitation, focusing on providing support and treatment rather than simply meting out punitive measures.

Chemical dependency is a complicated condition and many experts agree that prison is not the right place for nonviolent offenders to address their drug problems. In the letter discussing the enactment of Senate Bill 83, Governor Rhoden says a task force will be assembled to examine the effectiveness of treatment courts that have been created to help South Dakotans accused of drug crimes achieve long-term well-being through a comprehensive approach. Under this system, accountability can be combined with proper care, therapy, screenings and support from family and friends to increase the likelihood of successful rehabilitation. 

If you’re accused of drug ingestion or another offense involving a controlled substance, Anker Law Group in Rapid City will fight to preserve your legal rights. When warranted, we’ll pursue a resolution that avoids overly harsh punishment and promotes your long-term well-being. To discuss your legal options, please call 605-519-5967 or contact us online.