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South Dakota statute

SDCL § 22-42-5.1 — Unauthorized ingestion of controlled drug or substance--Penalty

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 42: Controlled Substances And Marijuana, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-42-5.1

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-42-5.1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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, acting in the course of the practitioner's professional practice, or except as otherwise authorized by chapter 34-20B. The following penalties apply to a violation of this section: (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, shall order that the person complete a drug and alcohol evaluation and complete supervised probation using evidence-based sentencing practices, which may include the HOPE probation program and other programs as established in chapter 16-22; (2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, may sentence the person to a period of up to one year in jail, and shall sentence the person to a period of supervised probation using evidence-based practices, which may include the HOPE probation program and other programs as established in chapter 16-22, and order that the person complete a drug and alcohol evaluation and complete any other recommended course of treatment; (3) A third or subsequent violation, occurring within ten years of the person's first conviction, is a Class 6 felony; (4) A violation by an inmate under confinement in a state correctional facility is a Class 5 felony; and (5) A violation by a person while under parole supervision is a Class 5 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is unauthorized ingestion of controlled drug or substance a felony or a misdemeanor in South Dakota?

It depends on the circumstances: unauthorized ingestion of controlled drug or substance ranges from a Class 1 Misdemeanor to a Class 5 Felony in South Dakota under SDCL § 22-42-5.1.

First violation: Class 1 Misdemeanor (SDCL § 22-42-5.1) · Second violation: Class 1 Misdemeanor (SDCL § 22-42-5.1) · Third or subsequent violation within ten years: Class 6 Felony (SDCL § 22-42-5.1) · Violation by inmate in state correctional facility: Class 5 Felony (SDCL § 22-42-5.1) · Violation by person under parole supervision: Class 5 Felony (SDCL § 22-42-5.1)

Which South Dakota statute covers unauthorized ingestion of controlled drug or substance?

Unauthorized ingestion of controlled drug or substance is governed by SDCL § 22-42-5.1 (Unauthorized ingestion of controlled drug or substance--Penalty).

This reference is informational and is not legal advice.