Here's an analysis of South Dakota's laws regarding the possession of controlled substances, based on the provided sources.

According to www.iAsk.Ai - Ask AI:

Possession of Controlled Substances in South Dakota

South Dakota law addresses the unauthorized possession of controlled substances under SDCL 22-42-5. This statute states that it is illegal for any person to knowingly possess a controlled drug or substance unless it was obtained legally, such as through a valid prescription from a healthcare practitioner acting within their professional capacity, or as otherwise authorized by chapter 34-20B [1] [2].

Penalties for Possession

The penalties for violating SDCL 22-42-5 depend on the schedule of the controlled substance involved [2].

• For substances in Schedules I or II, a violation is a Class 5 felony.
• For substances in Schedules III and IV, a violation is a Class 6 felony.

The specific penalties for each class of felony are outlined in SDCL 22-6-1, which is referenced in the provided sources, but the details of those penalties are not explicitly stated in the provided text.

Ingestion of Controlled Substances

It is important to note that South Dakota Senate Bill 83 (SB 83) reclassified the crime of knowingly ingesting a controlled substance from a felony to a misdemeanor [3]. This change, effective July 1, 2025, represents a shift towards a more rehabilitative approach to substance abuse issues [3]. However, the information provided indicates that possession of controlled substances, as defined by SDCL 22-42-5, remains a felony [3].

Additional Considerations

The provided sources also touch on related topics:

• Marijuana: While the question focuses on controlled substances generally, it's worth noting that South Dakota voters previously approved a constitutional amendment to amend the state's marijuana possession laws, but this was later overturned [4]. The penalties for marijuana possession are detailed in the provided source, with varying penalties based on the amount possessed [4].
• Hashish and Concentrates: Possession of hashish or concentrates is a Class 4 felony, punishable by up to 10 years imprisonment and a fine of up to $20,000 [4].
• Paraphernalia: Possession of paraphernalia is a Class 2 misdemeanor [4].

Important Note

The information provided is current as of July 19, 2025. However, it is crucial to consult the most recent version of the South Dakota Codified Laws for the most up-to-date and accurate information, as laws can change [1].