FOR IMMEDIATE RELEASE: Monday, Dec. 29, 2025
Contact: Tony Mangan, Communications Director, 605-773-6878
PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces three issues that his office has worked on throughout 2025 -- controlled substances in the state penitentiary, protection of youth from illegal substances, and Artificial Intelligence-generated pornographic images, are centerpieces of his legislative bill package that will be introduced in the 2026 South Dakota Legislature.
“These issues require stronger legislative action, and it is my duty as Attorney General to bring these bills to the Legislature for its consideration,” said Attorney General Jackley.
The proposed bills would:
1) Controlled Substances Within the Penitentiary
Revise provisions related to possession and ingestion of controlled substances within the penitentiary system.
The Attorney General’s Office this year investigated eight prison inmate drug overdose deaths and has filed charges in three of the cases. Attorney General Jackley said controlled substances coming into the penitentiary continue to be a problem that must be addressed.
“We need tougher laws to stop the use and delivery of controlled substances into our penitentiary system,” said Attorney General Jackley. “Strengthening our laws will enhance the deterrent effect and better protect both correctional officers and inmates.”
2) Protecting Minors, Young Adults from Illegal Substances
Revise provisions regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of twenty-one.
Attorney General Jackley announced in September charges had been filed against five vape shop owners for the sale of illegal products.
“Our investigations discovered dangerous substances that need age restrictions to better protect our minors and young adults, much like we do with tobacco and alcohol,” said Attorney General Jackley.
3) AI Generated Pornographic Images
Revise a provision related to criminal invasion of privacy, prohibit the creation and distribution of digitally fabricated pornographic material of a non-consenting individual.
“In 2024, my legislation that dealt with AI-generated pornographic images involving minors was approved by the Legislature and signed by the Governor,” said Attorney General Jackley. “Recent investigations have shown the need to further protect non-consenting adults falling victim to similar AI generated pornography.”
Attorney General Jackley plans to introduce a total of 10 bills during this session which starts Jan. 13, 2026. Announcements on additional bills will be made as the bills are filed.
Once filed, the Attorney General’s bills can be found here:
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