South Dakota2026Active
HB1183
HB1183: Changes to Overdose Immunity Rules
Last scannedAug 25, 2026, 3:29 AM
In one sentence
This law updates the rules for when a person cannot be arrested or charged with drug possession after calling for help during an overdose.
What it does
- Revises the qualifications needed to get immunity from prosecution after a drug-related overdose.
- Protects people who need medical assistance if they contact law enforcement or emergency services about an overdose.
- Prevents arrest, charges, or prosecution for misdemeanor or felony possession of controlled drugs in these specific cases.
Who it affects
- People who experience a drug-related overdose and are in need of medical assistance.
Limits and unknowns
- The immunity only applies if the evidence for a charge was found because someone asked for medical help.
- This protection covers possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance.
- The official text provided does not list an effective date for when this law begins.
Plain language
Terms to know
- Immunity from prosecution
- A legal protection that stops the government from arresting, charging, or trying a person for specific crimes under certain conditions.
- Controlled drug or substance
- Any medicine or chemical listed by law as illegal to possess without permission or restricted in use.
Official record
Sources
Official summary
revise qualifications for immunity from prosecution following a drug-related overdose.
Official activity
Bill history
- Signed by the Governor