24-2-14. Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony. No alcoholic beverage, marijuana, or weapon, as defined in subdivision 22-1-2(10), may be possessed by any inmate of the state penitentiary. No prescription or nonprescription drugs, controlled substance as defined by chapter 34-20B, or any article of indulgence may be possessed by any inmate of the state penitentiary except by order of a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively, which order shall be in writing and for a definite period. Any violation of this section constitutes a felony pursuant to the following schedule:
(1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;
(2) Possession of any prescription or nonprescription drug or controlled substance is a Class 4 felony;
(3) Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 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.
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