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Understanding South Dakota Ingestion Law SB 83
How SB 83 Reduces Ingestion from a Felony to a Misdemeanor
South Dakota Senate Bill 83 (SB 83) marks a significant change in the state’s approach to addressing substance abuse. This new law reduces the crime of ingestion of a controlled substance from a felony to a misdemeanor, offering a more balanced approach to handling substance-related offenses. At **Southern Hills Law**, we are here to help you understand how this change could impact your case and provide the legal guidance you need.
What is SB 83?
SB 83 is a legislative update that reclassifies the crime of knowingly ingesting a controlled substance. Previously, ingestion was treated as a felony offense in South Dakota, carrying severe penalties, including potential prison time and long-term consequences for individuals’ criminal records. Under SB 83, ingestion is now classified as a misdemeanor, which represents a significant shift in how the state addresses substance-related offenses.
Key Changes Under SB 83*
- Reduction in Severity: Ingestion of a controlled substance is no longer a felony but is now classified as a misdemeanor. This change reflects a more rehabilitative approach to substance abuse issues.
- Reduced Penalties: Misdemeanor charges typically carry lighter penalties than felonies, including shorter jail sentences, lower fines, and fewer long-term consequences for employment, housing, and other aspects of life.
- Focus on Rehabilitation: By reducing the severity of the charge, SB 83 aims to encourage individuals to seek help for substance abuse without the fear of facing life-altering felony charges.
How SB 83 Could Help You
If you are charged with an Ingestion offense SDCL 22-42-5.1 which occured before the July 1, 2025 effective date, then you will still be facing a felony charge. Laws such as SB 83 are said to be prospective in nature and not retroactive, meaning that they apply going forward only from the effective date.
Still, a skillful attorney can argue to the court that, while your charge is still a felony, you should receive more lenient consideration because the legislature has signalled to the Courts that they want to be sending less people with possession-type drug offenses to prison and that the Court should take direction from that signal.
Also important to note is that POSSESSION OF A CONTROLLED SUBSTANCE, SDCL 22-42-5, for harder drugs is still a class 5 felony, but again, the ingestion law might be argued to a Court that it shows that such a case should be viewed with more leniency.
If you or someone you know has been charged with ingestion of a controlled substance, SB 83 could significantly impact your case. Here’s how:
- Reduced Legal Consequences: With ingestion now classified as a misdemeanor, you may face less severe penalties than under previous laws.
- Opportunity for a Fresh Start: A misdemeanor charge is less damaging to your criminal record, making it easier to move forward with your life.
- Access to Treatment: The shift in focus from punishment to rehabilitation may open doors to substance abuse treatment programs and other support services.
At Southern Hills Law, we specialize in helping individuals navigate the complexities of South Dakota’s legal system. Our team can explain how SB 83 applies to your case and work to ensure you receive the best possible outcome.
Why Choose Southern Hills Law?
- Expertise in Substance-Related Cases: Our attorneys have extensive experience handling cases involving controlled substances and understand the nuances of South Dakota’s laws.
- Personalized Legal Guidance: We take the time to understand your unique situation and provide tailored advice to help you achieve your goals.
- Compassionate Support: We believe in treating every client with respect and empathy, ensuring you feel supported throughout the legal process.
Contact Us Today
If you have questions about SB 83 or need legal assistance, don’t hesitate to reach out to Southern Hills Law. We’re here to help you understand your rights and explore how this new law could benefit you.
Southern Hills Law
Phone: 605-673-2503
Email: southernhillslaw@gmail.com
Learn More About SB 83
For the full text of SB 83, visit the [South Dakota Legislature website https://sdlegislature.gov/Session/Bill/22383.
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