South DakotaPeople seeking overdose help may avoid drug possession prosecution
People experiencing a drug-related overdose may avoid prosecution for certain drug offenses if they or someone else calls for medical help.
What it does
A person who needs medical help for a drug-related overdose may not be prosecuted for certain drug offenses if they or someone else calls for help. The protection applies only to evidence obtained because of the overdose and need for care.
Argument forA person who needs overdose care may be more willing to call for help if they know qualifying drug-possession evidence cannot lead to prosecution.
Argument againstPeople could still face prosecution if evidence came from somewhere other than the overdose and need for medical help, which may be hard to judge.
More detail
A person who experiences a drug-related overdose and needs medical help may not be arrested, charged, or prosecuted for certain drug offenses. The protection covers misdemeanor or felony offenses for possessing, inhaling, ingesting, or otherwise taking a controlled drug or substance into the body. The person or someone else must contact law enforcement or emergency medical services and request help because of the overdose. The protection applies only when evidence for the charge or prosecution was obtained because of the overdose and the need for medical help.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 578Became Law
- Mar 11Delivered to the Governor on 2026-03-11 H.J. 556To Governor
- Mar 10Signed by the President S.J. 512Major
- Mar 9Signed by the Speaker H.J. 542Major
- Mar 5Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 481Passed Senate
- Mar 3Certified uncontested, placed on consent , Passed, S.J. 33
- Vote recorded Do Pass. Result: pass.Upper
- Mar 3Judiciary Do Pass , Passed, YEAS 7, NAYS 0 S.J. 33Minor
- Mar 3Scheduled for hearing S.J. 1
- Feb 12First read in Senate and referred to Senate Judiciary S.J. 260Minor
- Feb 11House of Representatives Do Pass , Passed, YEAS 64, NAYS 1 H.J. 297Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Feb 10House of Representatives Deferred to another day , Passed, H.J. 285
- Feb 9Judiciary Do Pass , Passed, YEAS 11, NAYS 1 H.J. 18Minor
- Vote recorded Do Pass. Result: pass.Lower
- Feb 9Scheduled for hearing H.J. 1
- Jan 29First read in House and referred to House Judiciary H.J. 178Introduced
Criminal JusticeHealthcareEmergency Management