Changelog 27 October 2026 4974a0b

#201 explain South Dakota ingestion probation and felonies

1 country profile edited 2 files of code, design or docs +40 −3 lines

Countries and states 1 file

South Dakota countries/us/sd.yaml

segments › enforcement

~~Jail is possible~~Possession of 2 oz or less can bring up to a year in jail. Unauthorised ingestion has its own mandatory evaluation/probation rules and felony escalation, even without a seized quantity.[@1,2]

segments › consumption

~~Ingesting cannabis is itself~~Unauthorised ingestion or an altered-state drug in the body is a separate offence. A first conviction is a Class 1 misdemeanour with mandatory evaluation and supervised probation, alongside any other sentence. A second remains a Class 1 misdemeanour, with up to a year in jail, mandatory supervised probation, evaluation and recommended treatment. A third or later violation within ten years of the first conviction is a Class 6 felony. Inmates in state correctional facilities and people on parole face a Class 5 felony. Valid prescribed or otherwise authorised use is excepted.[@2]

sources

South Dakota Legislature — SDCL 22-42-5.1, current ingestion penalties 1 unchanged

answers › caught › answer

answers › caught › label

Jail and probation

answers › caught › text

Possession can bring jail; unauthorised ingestion adds mandatory probation and repeat-offence felonies

Code, design and documents 2 files

docs/research/issue-corrections-186-204-2026-10-27.md +13 −0

@@ -124,2 +124,15 @@ possession and visitor text now include the upper tier. Intent-based distributio
 at any amount remains. The existing most-restrictive possession/enforcement bands
 already cover custodial punishment and do not change.
+
+## #201 — South Dakota ingestion penalties
+
+Read current official SDCL 22-42-5.1 and the 2026 session-law chapter 115 section 2.
+First violation: Class 1 misdemeanor plus mandatory evaluation and supervised
+probation; second: same class, possible one-year jail plus probation, evaluation and
+recommended treatment; third or later within ten years of first conviction: Class 6.
+State-correctional inmates and parolees: Class 5. Prescribed/otherwise authorised
+use exceptions retained. Kept ingestion distinct from seized marijuana possession
+22-42-6 and its ounce tiers. Quick caught answer now names both. No score change:
+consumption is already 0 (use crime), enforcement 2 allows imprisonment; evaluation
+and probation are not mandatory jail. New historical entries deferred because the
+current code suffices to correct this omission without guessing a national step.

scripts/profile-claims.test.mjs +8 −0

@@ -431,2 +431,10 @@ test('Dominican visitors see all three prison tiers and hashish thresholds (#199
   assert.match(d, /exact pound-boundary/);
 });
+
+// Issue #201
+test('South Dakota distinguishes ingestion sanctions from seized possession (#201)', () => {
+  const sd = country('us/sd');
+  for (const rule of ['mandatory evaluation','supervised probation','Class 6 felony','Class 5 felony','authorised use is excepted']) assert.ok(sd.segments.consumption.includes(rule),rule);
+  assert.match(sd.segments.consumption, /ten years of the first conviction/);
+  assert.match(sd.answers.caught.text, /Possession.*ingestion/);
+});