The House judiciary committee is advancing a Senate proposal that reforms the state’s felony ingestion charge.
South Dakota is the only state in the country where ingestion of a controlled substance is a class six felony. This bill makes the first two ingestion charges a misdemeanor with mandatory treatment.
Supporters say the change allows individuals to access treatment programs to treat substance abuse disorders.
“Let’s just truly evaluate if they have that disorder and they need that help and make them productive citizens again in our communities. That’s the exciting part about this bill," said Rep. Brian Mulder, R-Sioux Falls, who is one of the prime sponsors of the bill. "Again, we’ve got to do something different because what we’re doing isn’t working.”
The third ingestion charge in ten years will still result in a felony. For years, the Republican-controlled legislature has resisted changing the felony charge.
Several law enforcement groups and Attorney General Marty Jackley testified against the proposal.
The committee is sending the proposal to the House floor without a recommendation. That means House lawmakers must place the bill on the agenda before they vote whether to approve it.
