Prohibited articles for inmates--Exception--Penalty

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) Possession of any alcoholic beverage or marijuana is a Class 6 felony; (2) Possession of a cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony; (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) Possession of a dangerous weapon as defined by § 22-1-2 is a Class 2 felony; and (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.