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SD HB1115

Bill

Status

Introduced

1/23/2026

Primary Sponsor

Julie Auch

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Removes the requirement that possession of controlled substances absorbed into the human body (such as detected through drug testing) be charged only under the lesser § 22-42-5.1 provision

  • Allows prosecutors to charge internal possession of controlled substances under the standard possession statute § 22-42-5 with its associated felony penalties

  • Possession of Schedule I or II substances remains a Class 5 felony; possession of Schedule III or IV substances remains a Class 6 felony

  • Amends § 22-42-5 by deleting the sentence that previously directed "ingestion" cases to a separate charging statute

Legislative Description

Revise a provision related to unauthorized possession of a controlled drug or substance.

Controlled Substances

Last Action

Judiciary Tabled, Passed, YEAS 11, NAYS 0.

1/28/2026

Committee Referrals

Judiciary1/23/2026

Full Bill Text

No bill text available