Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Justice topic
No spam. Unsubscribe anytime.
House concurs in Senate amendments to HB 12-30, increasing penalties for fentanyl offenses
Summary
The House agreed to Senate amendments on House Bill 12-30, adding tougher penalties for fentanyl possession and manufacturing, including a mandatory minimum sentence for amounts above a specified threshold; the concurrence passed 66–4.
The South Dakota House of Representatives concurred in Senate amendments to House Bill 12-30, passing the motion to concur 66–4. Representative Hughes, who presented the motion, described the bill as "a step forward in toughening South Dakota's laws on the deadliest drug threat our country has ever faced, which is fentanyl."
Representative Bob Hughes said the Senate added language that creates an aggravating circumstance for possession of a pill press and raises mandatory penalties for possessing larger amounts of fentanyl. "So now if you have more than 14 of milligrams of fentanyl, you'll pull a mandatory sentence of at least 10 years in a state correctional facility in South Dakota," Hughes said on the floor. He described a class 2 felony as possession of 4 milligrams or more up to 14 milligrams.
Hughes framed the measure as a public-safety response to a national crisis, citing statistics about fentanyl lethality: "Less than 2 milligrams of fentanyl will fit on the end of a pencil, and that will kill an adult," he said. He referenced cooperation with the attorney general's office, statewide prosecutors and local law enforcement in shaping the Senate amendments.
The House clerk reported the vote as ayes 66, nays 4. Supporters said the tougher penalties and new aggravating factors will remove dangerous fentanyl-distribution operations from the state. The bill's text also adds a mandatory enhancement for possession of a pill press, an amendment credited in debate to law enforcement including Sheriff Mike Milstead of Minnehaha County.
Why it matters: The measure changes criminal penalties and sentencing thresholds related to fentanyl, which supporters say is a rapidly growing cause of overdose deaths. The statutory changes affect sentencing ranges and could increase prison time for offenders convicted under the new thresholds.
What happened (formal action): Representative Hughes moved that the House concur in Senate amendments to House Bill 12-30; the motion carried with the clerk reporting ayes 66, nays 4.
Next steps: With the House concurrence recorded, the amended bill proceeds toward final enactment if the Senate and governor approve the substituted language or further action is not taken.
