South Dakota House passes ingestion reform, new street‑racing penalties; school opt‑out referendum fails

Pierre — The South Dakota House of Representatives on Feb. 27 approved a slate of bills that changed criminal penalties, expanded enforcement tools and directed new appropriations, while rejecting a high‑profile proposal to require voter referendums for school capital out‑outs.

The most closely watched vote came on Senate Bill 83, which the House approved 37‑33. Representative Jon Mulder, the bill’s floor sponsor, said the measure lowers the penalty for a first ingestion of a controlled substance from a felony to a class 1 misdemeanor and pairs that change with mandatory evaluation and supervised probation, including the HOPE probation model. “We can’t continue to do the same thing and expect different results,” Mulder said, arguing the change would steer people toward treatment rather than immediate felony convictions.

Supporters cited prison overcrowding and limited treatment access; opponents warned the change could send a mixed message about drug use. Representative Don Fitzgerald urged the House to “send a powerful statement … that drugs are dangerous,” while Representative John Whitman said felony records often block housing, jobs and access to rehabilitation. The bill retains a felony penalty for repeat ingestion within the statutory window.

Another contested measure, Senate Bill 116, passed after extended debate, 48‑22. Representative Steven Hughes, sponsor of SB 116, described the bill as a public‑safety response to organized, high‑speed street racing and “street takeover”…