Marijuana & Drug Policy

Updates penalties for illegal drug possession.

This bill changes the penalty structure for unauthorized possession of controlled substances. It reduces the penalty for possessing Schedule III and IV controlled substances from a Class 5 felony to a Class 6 felony, while keeping Schedule I and II substances as Class 5 felonies.

Updates the list of controlled substances.

This bill makes technical modifications to South Dakota's controlled substances law definitions and schedules. Key changes include: (1) expanding the definition of 'controlled substance analogue' to include substances that a person represents or intends to have similar effects to Schedule I or II substances, (2) removing the definition of 'person' and 'production', (3) updating references to replace 'industrial hemp with delta-9 THC concentration of not more than 0.3%' with references to the definition in § 38-35-1, (4) making minor grammatical corrections throughout the definitions, and (5) adding isotonitazene to the Schedule I controlled substances list.