South Dakota Supreme Court Chief Justice Steven Jensen delivers the annual State of the Judiciary speech on Jan. 14, 2026, at the state Capitol in Pierre. (Photo by Meghan O’Brien/South Dakota Searchlight)

PIERRE — South Dakota will expand a specialty program for people facing drug charges, a move spurred by a decision last year to lessen the penalties for drug use.

The state will also pilot a program meant to keep a closer eye on people serving probation sentences, South Dakota Supreme Court Chief Justice Steven Jensen said Wednesday during his State of the Judiciary message to lawmakers.

Until last year’s vote to change it, South Dakota’s ingestion law was the only one in the nation to explicitly allow felony penalties for drug use alone. Since the new law took effect in July, first- and second-offense ingestion of a controlled substance is a misdemeanor, punishable by jail time and a fine.