PIERRE, S.D.(SDBA)- The South Dakota House Judiciary Committee voted 10-3 Wednesday to send a bill reducing penalties for drug ingestion to the floor without recommendation, following contested testimony from both sides of the issue.
Senate Bill 83 would change ingestion of controlled substances from a felony to a Class 1 misdemeanor for first and second offenses, with a third offense within ten years becoming a Class 6 felony.
Rep. Brian Mulder, R-Sioux Falls, the House prime sponsor, emphasized rehabilitation over incarceration.
Sen. Tamara Grove, R-Lower Brule, the bill’s prime Senate sponsor, cited statistics showing South Dakota ranks ninth highest in incarceration despite being the 41st most populated state.
Opponents argued the change would weaken tools needed to address addiction effectively.
Stanley County State’s Attorney Tom Maher testified.
Attorney General Marty Jackley opposed the bill but said most first-time offenders don’t serve time.
The committee’s initial vote on a do-pass motion failed 5-8. A motion to kill the bill by sending it to the 41st day deadlocked 7-7, also failing. Rep. Will Mortenson, R-Fort Pierre, then moved to send the bill to the full House without recommendation, which passed 10-3.
Rep. John Hughes, R-Sioux Falls, who initially planned to oppose the bill, ultimately supported it.
Rep. Tim Reisch, R-Howard, a former South Dakota State Penitentiary warden, supported the bill.
However, fellow District 8 House member Rep. Tim Wahlburg, R-Madison, a former Lake County sheriff, did not support the do-pass recommendation.
“We’ve got to have those people to do that treatment in order to make this work,” Wahlburg said. “The only way that I broke out of that cycle is I had to take myself away from those people that I hung around all the time that were using this drug.”
The bill previously passed the Senate by a narrow 18-17 vote.
The full House will now consider the measure.
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