The decriminalization of drug use and voting for the bill sends a mixed signal to our kids.
By John Hult, South Dakota Searchlight
The future of South Dakota’s drug ingestion law—often described as the most severe in the nation—is in the hands of Republican Gov. Larry Rhoden.
On Thursday, the House of Representatives in Pierre voted by 37 to 33 to pass a law that, upon Rhoden’s signing, would reduce the usage of controlled substances for the first 2 offenses from a felon to a misdemeanor.
Only one state in the country has a law that permits a drug test failure for a level felony narcotic as a basis for an imprisonment sentence. Marijuana is always considered a misdemeanor. Senate Bill No. 83 would make all forms of consumption a crime until third offense.
According to a Rhoden spokesperson, South Dakota Searchlight will review the bill once it “reaches his desk.”
The Governor had previously indicated a willingness for alternative approaches in criminal justice.
Rhoden said last month at a joint meeting of the House of Representatives and Senate that he believed the most effective way to reduce crime was to hire more police officers rather than increase penalties. “Increasing punishments just means that we need to build more prisons.”
This last point harks back to the long-running debate about how to best deal with overcrowding at state correctional institutions.
The bill that would fund the construction of an $825 million, 1,500 bed men’s jail in Lincoln County failed to gain support from lawmakers due to opposition by its neighbors and its high price.
Rhoden announced his intention to form a group to find “a way forward” in a certain prison.
The critics of the ingestion laws, who have tried to repeal it or adjust its severity almost every year since 2019 argue that this law stigmatizes the addiction and worsens the problem. They say that ingestion contributes to the prison population of the state and also burdens users with felonies, making it difficult to get a job, find housing, or stay sober.
Kadyn Witzman (D-Sioux Falls) said, “If you love someone trapped in the cycle of addiction, then you understand why a criminal charge will not help that person get better.” It will not help them to find rehab. “It only leads to further demonization and shame.”
Rep. Brian Mulder of Sioux Falls was the primary sponsor for the bill in the House. The bill was introduced in the Senate by Sen. Tamara Grove (R-Lower Brule).
Mulder has called for restrictions to be placed on products containing delta-8 THC (marijuana-like substances), kratom, and foreign nicotine vape products. He spoke passionately about the issues during the discussion on ingestion. However, Mulder said: “I work as an addictions treatment specialist” and that “what we’re doing doesn’t work.” Mulder is the director of Volunteers of America – Dakotas.
Mulder told reporters that they could not continue doing the same things and expect different results.
According to the supporters of the existing law, drugs on the body and in the hands are identical and therefore should be treated similarly.
Rep. Mary Fitzgerald of Spearfish, South Dakota, said: “We have to send a strong message today to South Dakota House of Representatives, that drugs pose a danger to public health and safety.” Voting in favor of this bill, and decriminalizing drugs use sends a mixed signal to our children.
According to supporters of existing laws, those accused of ingestion are given several chances to receive treatment and complete probation before going to prison. In cases of more serious offenses, the law may also allow prosecutors to secure a conviction via a plea agreement.
Rep. Liz May R-Kyle was just one of many lawmakers who stated that the current method has not made much progress in rehabilitation. She said that lawmakers have spent money on rehabilitation instead of creating nine new felonies in this legislative session.
May warned: “If we keep adding felonies to the law books, then it will be necessary to build a new prison.” “So, I’d strongly encourage everyone to get this out of the books. Try something else.
South Dakota Searchlight was the first to publish this article.
North Dakota House passes bill to expand marijuana decriminalization and make low-level possession a $150 Citation