South Dakota Bill Aims to Remove “Possession-By-Ingestion” Law
Recreational cannabis is legal in eight states now, but it’s easy to forget that there are still many other states that still have strict and difficult cannabis laws. South Dakota, for instance, has one of the most harsh set of regulations throughout the country, and the consequences for breaking those rules are detrimental. A violation of the current law could land a consumer with a felony charge, even if the cannabis has long since disappeared from that individual’s system. Luckily, a new bill has been introduced to the South Dakota legislature that could change this.
Unlike the more progressive Northern Dakota state, South Dakota currently makes “possession by ingestion” illegal. In fact, South Dakota is the only state that has this rule. Basically, if cannabis has been consumed but is still detectable in the human body via urinalysis or a blood sample, a consumer can still be charged with the crime. Thankfully though, Senate Bill 129 has been introduced, and with its 17 cosponsors so far, there is hope to repeal the current state law. If it’s passed, then cannabis consumption will no longer be a crime charged with a felony.
“When I hear possession, I think the of the potential for distribution, and obviously if the drug is already ingested that can’t happen,” said State Rep. David Lust, the main sponsor of the bill. “There is no chance this drug would end up in the hands of a child once it has been ingested.”
Lust continued to note that legislators should take a critical look at the current law and compare it to the other eight successful recreational states, “It’s not a slippery slope, not a first step. If we are [the] only state that has this law, we need to look into why.”
South Dakota is slowly catching up to its neighbors. Legislators have also introduced a CBD oil bill that, if passed, would add CBD to the list of Schedule IV controlled substances and remove it from the current definition of cannabis.
