No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice, or except as otherwise authorized by chapter 34-20B. The following penalties apply to a violation of this section:
- (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, shall order that the person complete a drug and alcohol evaluation and complete supervised probation using evidence-based sentencing practices, which may include the HOPE probation program and other programs as established in chapter 16-22;
- (2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, may sentence the person to a period of up to one year in jail, and shall sentence the person to a period of supervised probation using evidence-based practices, which may include the HOPE probation program and other programs as established in chapter 16-22, and order that the person complete a drug and alcohol evaluation and complete any other recommended course of treatment;
- (3) A third or subsequent violation, occurring within ten years of the person's first conviction, is a Class 6 felony;
- (4) A violation by an inmate under confinement in a state correctional facility is a Class 5 felony; and
- (5) A violation by a person while under parole supervision is a Class 5 felony.
Source: SL 2013, ch 101 , § 54; SL 2025, ch 98 , § 1; SL 2026, ch 115 , § 2.