Criminal Justice (Drug Policy)

signed · South Dakota · House Mar 9, 2026

HB 1162: add certain substances to Schedule I of the controlled substances schedule.

HB 1162 adds 59 specific substances - including synthetic opioids like "W-18" and "butonitazene," as well as compounds such as "methiopropamine" - to South Dakota's Schedule I controlled substances list. This means these substances are now classified as having no medical use and a high potential for abuse under state law. The bill directly affects anyone in South Dakota who possesses, distributes, or uses these listed substances, making such actions illegal without specific exemptions. The key mechanism is the explicit inclusion of these chemical compounds (including isomers and salts) into Schedule I, closing potential legal gaps for enforcement.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAdds substances to Schedule I, criminalizing possession/distribution without medical use, expanding criminalization under criminal justice framework.92% confidence

Sub-Topics Drug Policy

signed · South Dakota · Senate Mar 30, 2026

SB 42: enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

SB 42 increases penalties for possessing, delivering, or ingesting controlled substances within South Dakota state correctional facilities. It changes inmate possession of controlled substances from a Class 3 to a Class 4 felony, delivery to inmates from a Class 4 to a Class 3 felony, and ingestion by inmates from a Class 6 to a Class 5 felony. These changes directly affect inmates, staff, and visitors who bring or use controlled substances in prisons. The bill strengthens criminal penalties for drug-related activities in correctional settings without altering treatment programs.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill reduces penalties for inmate drug offenses (Class 3 to Class 4 felony), aligning with criminal justice reform goals of less severe sentencing.90% confidence

Sub-Topics Corrections Drug Policy

signed · South Dakota · Senate Mar 30, 2026

SB 45: revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of twenty-one and to provide a penalty therefor.

SB 45 prohibits the sale, distribution, or possession of specific cannabis products (including delta-8 THC, THC-O acetate, and hexahydrocannabinol) to individuals under 21 years old. It makes it a Class 6 felony to sell or distribute these products to minors, and a Class 2 misdemeanor for minors to possess or consume them, or for adults (other than parents/guardians) to provide them to minors. The law directly affects retailers, minors under 21, and adults who might supply these products to underage individuals. Penalties are clearly defined based on the specific violation.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands criminalization by creating new felony/misdemeanor offenses for cannabis product sales to minors, increasing penalties under controlled substances law rather than advancing reform.95% confidence

Sub-Topics Drug Policy

signed · South Dakota · House Mar 30, 2026

HB 1183: revise qualifications for immunity from prosecution following a drug-related overdose.

HB 1183 revises South Dakota's law granting immunity from prosecution for drug possession charges after an overdose. It directly affects individuals experiencing a drug-related overdose who contact emergency services for medical help. The key change specifies that immunity only applies if the evidence used for any charges stems from the overdose event itself and the need for medical assistance. This clarifies eligibility for the existing immunity provision, requiring that the evidence leading to prosecution originated during the overdose situation. The bill does not expand immunity but refines the conditions under which it applies.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies immunity for overdose callers seeking medical help, reducing criminalization of drug use during emergencies and aligning with public health-focused criminal justice reform.95% confidence ✓ HealthcareSupports HealthcareClarifies immunity for seeking overdose medical help, removing legal barriers to emergency care access, aligning with public health safety goals.85% confidence

Sub-Topics Drug Policy Substance Abuse

failed · South Dakota · House Feb 17, 2026

HB 1151: ban kratom and kratom products and to provide a penalty therefor.

HB 1151 bans kratom and kratom products in South Dakota, making it a Class 2 misdemeanor to sell, distribute, purchase, consume, or possess them. It specifically prohibits sales or use by anyone under 21 (except by parents/guardians), and requires strict labeling for products that remain legal, including serving sizes, alkaloid content, and health warnings. The bill also prohibits products containing over 2% 7-hydroxymitragynine, synthetic compounds, or harmful additives. This directly affects consumers, businesses selling kratom, and retailers who must comply with new labeling rules.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBans kratom with misdemeanor penalties, expanding criminalization of substance use without reform elements95% confidence

Sub-Topics Drug Policy

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passed · South Dakota · House Mar 2, 2026

HB 1065: revise the medical purpose affirmative defense in cannabis prosecution.

HB 1065 would require individuals facing cannabis-related charges to possess a registry identification card to use a legal defense claiming they are permitted to possess cannabis. Currently, South Dakota law does not mandate this card for such defenses, but the bill would amend § 34-20G-53 to make it a requirement. This change would directly affect people charged with cannabis offenses who attempt to rely on this specific defense in court. The bill creates a new condition for accessing this defense, requiring the card as a prerequisite for its use.

Topics ✗ Criminal JusticeOpposes Criminal JusticeRequires registry ID card for cannabis defense, restricting defendant rights by adding new barrier to legal defense in prosecution.90% confidence

Sub-Topics Courts Drug Policy

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