South Dakota Codified Laws 24-2-14. Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited–Exception–Felony
No alcoholic beverage, marijuana, or weapon, as defined in subdivision 22-1-2(10), may be possessed by any inmate of a state correctional facility. No prescription or nonprescription drug, controlled substance as defined by chapter 34-20B, or any article of indulgence may be possessed by any inmate of a state correctional facility except by order of a physician, physician assistant, or licensed nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively. Such order must be in writing and for a definite period. Any violation of this section constitutes a felony pursuant to the following schedule:
(1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 felony | up to 25 years | up to $50,000 |
| Class 4 felony | up to 10 years | up to $20,000 |
| Class 6 felony | up to 2 years | up to $4,000 |
(2) Possession of any prescription or nonprescription drug or controlled substance is a Class 4 felony;
(3) Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.
Source: SDC 1939, § 13.4720; SL 1981, ch 193, § 8; SL 1985, ch 192, § 51; SL 1987, ch 183; SL 1989, ch 20, § 93; SL 2001, ch 127, § 2; SL 2004, ch 168, § 7; SL 2017, ch 171, § 50; SL 2023, ch 82, § 69.