HB 1115 South Dakota House · 2026 Regular Session

revise a provision related to unauthorized possession of a controlled drug or substance.

HB 1115 revises South Dakota's law on unauthorized possession of controlled drugs by changing where such charges are filed. The bill amends Section 22-42-5 to state that unauthorized possession charges must now be prosecuted under § 22-42-5.1 instead of the current section. This directly affects individuals found in possession of controlled substances without a valid prescription or authorization. The bill maintains existing felony classifications: possession of Schedule I/II drugs remains a Class 5 felony, while Schedule III/IV possession remains a Class 6 felony. The change primarily modifies the legal citation for prosecution without altering the penalties or scope of the offense.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
House Passage
Jan 2026
Senate Passage
Governor
Introduced Jan 23, 2026 Last action Jan 28, 2026
Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
3
Key actions
1
Committee
0
Jan 28, 2026
Lower · Passed
Judiciary Tabled , Passed, YEAS 11, NAYS 0
lower
Jan 23, 2026
Introduced
First read in House and referred to House Judiciary H.J. 124
lower
8 primary · 0 co-sponsors

Sponsors