Possession of the following articles by an inmate of a state correctional facility, unless directly issued by the Department of Corrections and used in accordance with the department's policies and procedures, is a felony pursuant to the following schedule:

1. (1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;
2. (2) Possession of a cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;
3. (3) Possession of any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except by written order for a definite period from a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, is a Class 4 felony;
4. (4) Possession of a dangerous weapon as defined by § 22-1-2 is a Class 2 felony; and
5. (5) Possession of any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Source: SDC 1939, § 13.4720; SL 1981, ch 193 , § 8; SL 1985, ch 192 , § 51; SL 1987, ch 183 ; SL 1989, ch 20 , § 93; SL 2001, ch 127 , § 2; SL 2004, ch 168 , § 7; SL 2017, ch 171 , § 50; SL 2023, ch 82 , § 69; SL 2025, ch 103 , § 1.