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Bill > HB1115
SD HB1115
SD HB1115Revise a provision related to unauthorized possession of a controlled drug or substance.
summary
Introduced
01/23/2026
01/23/2026
In Committee
01/23/2026
01/23/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An Act to revise a provision related to unauthorized possession of a controlled drug or substance.
AI Summary
This bill amends South Dakota Codified Law 22-42-5, which addresses the unauthorized possession of controlled drugs or substances. The key change is the removal of a provision that stated charges for unauthorized possession of a controlled substance absorbed into the body, as defined in subdivision 22-42-1(1), could only be brought under a specific section, 22-42-5.1. By removing this restriction, the bill allows for greater flexibility in how such charges are prosecuted. The bill also reiterates that possessing controlled substances from Schedules I or II without authorization is a Class 5 felony, while possessing substances from Schedules III and IV without authorization is a Class 6 felony.
Committee Categories
Justice
Sponsors (8)
Julie Auch (R)*,
Heather Baxter (R),
Jana Hunt (R),
Phil Jensen (R),
Scott Moore (R),
Lauren Nelson (R),
Carl Perry (R),
Brandei Schaefbauer (R),
Last Action
Judiciary Tabled, Passed, YEAS 11, NAYS 0. (on 01/28/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://sdlegislature.gov/#/Session/Bill/26954 |
| BillText | https://mylrc.sdlegislature.gov/api/Documents/296677.pdf |
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