04-02-2025
Drug ingestion bill heads to the Senate floor
SIOUX FALLS, S.D. (KELO) — A bill to reduce first and second offenses of ingestion of controlled substances to misdemeanors was sent to the Senate Tuesday by the Senate Judiciary Committee.
Senate Bill 83B, a third version of Republican Sen. Tamara Grove's original bill, passed 5-1 with one excused to the Senate.
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The committee delayed action on Grove's bill last week until Tuesday to allow Grove to make any changes. Grove said Tuesday one of the biggest revisions to her original bill was to include supervised probation for the first offense and the possibility that an offender could spend time in jail for the second offense.
'The basic underlying factor is to keep the structure in place for current courts,' Grove said. 'I'm aligning with that.'
Directing first and second offenders toward treatment is still at the heart of Grove's S83B.
SB83B specifically directs use of the HOPE program for probation. 'Probationers in HOPE Probation receive swift, predictable, and immediate sanctions,' according to descriptions of programs in Indiana, Hawaii and other states. A 2011 informational page from the Office of National Drug Control Policy said HOPE programs reduces repeated drug use and crimes.
Drug Court is more commonly used in South Dakota because it is more specific to felony charges, Grove said. 'HOPE can receive people with misdemeanors,' she said.
Committee member Republican Sen. Tom Pischke said since HOPE is not offered in all the counties in the state, would Grove's goal be to expand the program.
Grove said yes and that the program has been successful.
Committee member Republican Sen. Greg Blanc agreed that expansion of HOPE could be beneficial
At last week's committee meeting, concerns about including ingestion of all controlled substances were raised. Several opponents said Grove's bill would undermine drug charges and the seriousness of drug use.
Grove said 'addiction is addiction' whether it is alcohol or a controlled substance. SB83B looks the person and not the drug, she said.
Pischke said SB83B should be heard in the Senate. Pischke, Grove, Blanc, and Republican Sens. David Wheeler and Jim Melhaff voted in favor while Republican Sen. Amber Hulse voted against. Committee member Republican Sen Helen Duhamel was excused from voting.
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