South Dakota group considers possible changes to drug laws

Associated Press
Posted 9/25/19

PIERRE (AP) – A legislative committee is reviewing South Dakota's drug laws before the 2020 session to determine whether changes need to be made.

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South Dakota group considers possible changes to drug laws

Posted

PIERRE (AP) – A legislative committee is reviewing South Dakota's drug laws before the 2020 session to determine whether changes need to be made.

FBI data shows the state led the nation in per capita drug-related arrests in 2017, according to an Argus Leader report.

The committee, which met Monday, is considering whether to reduce ingestion of a controlled substance from a felony to a misdemeanor, as in other states.

Pennington County Sheriff Kevin Thom said such a change wouldn't reduce the number of addicts and that the state needs more drug treatment and prevention programs.

Aaron McGowan, Minnehaha County state's attorney, said many defendants don't choose treatment options because it's easier to plead guilty and get probation.

"I see them time and time again in this revolving door of addiction," McGowan said.

He added that if treatment was done when those individuals were arrested the first time, their addiction would get addressed and tax dollars would be saved because they wouldn't be in the criminal justice system long term.

South Dakota uses a system that punishes offenders with a felony for any type of controlled substance at any weight. The law is different in that trace drug amounts can result in a drug possession charge.

State figures show 877 people were charged with ingestion of a controlled substance during the 2019 fiscal year, and 1,843 people were charged with possession of a controlled substance.

South Dakota has two ingestion laws. One law adopted in 1981 criminalizes inhaling items such as paint thinner as a misdemeanor, and the other criminalizes ingestion of a controlled substance as a felony, which went in effect in 2014.

The committee comprises legislators, and court and law enforcement officials.