{"data":{"id":"us-sd/sdcl-22-42-5.1","jurisdiction":"us-sd","citation":"SDCL § 22-42-5.1","heading":"Unauthorized ingestion of controlled drug or substance--Penalty.","body":"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:\n(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;\n(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;\n(3) A third or subsequent violation, occurring within ten years of the person's first conviction, is a Class 6 felony;\n(4) A violation by an inmate under confinement in a state correctional facility is a Class 5 felony; and\n(5) A violation by a person while under parole supervision is a Class 5 felony.","path":["TITLE 22. CRIMES","CHAPTER 22-42. CONTROLLED SUBSTANCES AND MARIJUANA"],"source_url":"https://sdlegislature.gov/Statutes/22-42-5.1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"f709a1186d9bb1ccdfc968774480bdef2285c1fb2b8b390ce574636e7dae75df","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-42-5","next":"us-sd/sdcl-22-42-6"},"notice":"GroundRules: Original legal text. Not legal advice."}