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SD HB1115
Bill
Status
1/23/2026
Primary Sponsor
Julie Auch
Click for details
AI Summary
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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
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Allows prosecutors to charge internal possession of controlled substances under the standard possession statute § 22-42-5 with its associated felony penalties
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Possession of Schedule I or II substances remains a Class 5 felony; possession of Schedule III or IV substances remains a Class 6 felony
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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