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South Dakota lawmakers kill effort to criminalize passive exposure of drugs to law enforcement

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South Dakota lawmakers kill effort to criminalize passive exposure of drugs to law enforcement


PIERRE — By one vote, a Senate committee killed a bill Thursday that would have made it a felony to unintentionally expose law enforcement to controlled substances such as fentanyl. 

Senators in their discussion about HB 1025 agreed they weren’t scientists but disagreed whether basic exposure, such as touching or inhaling small particles of the substance, could trigger an overdose-like reaction. 

“There’s a difference between exposure and use and dosage,” said Sen. David Wheeler, R-Huron, noting a 2017 medical report found it nearly impossible to overdose on fentanyl by simply touching it. “The medical experts indicated that these are more likely to be panic attacks.”

Rep. Ben Krohmer, R-Mitchell, who sponsored the bill, presented body camera footage of incidents where it was believed that law enforcement responding to a drug call had suffered an overdose-like reaction when exposed to fentanyl, similar to what he presented in the House of Representatives.

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However, in those incidents, a follow-up toxicology report was not administered to confirm that the officer had overdosed. 

More: Fact check: Experts say passive exposure to fentanyl impossible

The Argus Leader found in a fact-check that it’s almost impossible for a law enforcement officer to overdose after simple passive exposure to fentanyl.

“There has never ever, ever, ever, ever, ever been a confirmed case of an officer just encountering fentanyl in the field and overdosing,” Brandon Del Pozo, an assistant professor of medicine at Brown University, told the Argus Leader.

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Del Pozo, a 23-year law enforcement veteran who studies addiction, has been combating the myth of passive exposure since 2021.

Krohmer, in his rebuttal, said if senators read further in the 2017 report they would have seen a recommendation that people in the research lab working with fentanyl should have access to an N-95 mask and Narcan.

“You have to ask yourself why would you need to wear an N-95 mask and have Narcan readily available for something that isn’t harmful,” Krohmer said. 

Narcan, also known as naloxone, is a drug known to help stop a fentanyl overdose. It’s not harmful to a person who is not suffering from a fentanyl overdose.  

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Sen. Helene Duhamel, R-Rapid City, said she had spoken with several law enforcement officers who said they had not seen a single documented case in the state or the nation where an officer had overdosed from a passive exposure.

“Nobody could say with certainty that there was,” she said. “Because even if there was one case, I think legislators would certainly support this. But until we have documented that there’s a problem, we’d hate to shoot out in front and suggest that there is a problem. We have to wait and see.”

HB 1025 was killed with a 4-3 vote.



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South Dakota

As South Dakota legislative session nears, dozens of bills already filed

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As South Dakota legislative session nears, dozens of bills already filed


The 2026 South Dakota legislative session is still a week away but we’re already seeing dozens of bills being introduced.

The Legislative Research Council’s website shows more than 60 bills already on tap as of Tuesday.

But many more are on the way. In recent years, the Legislature has seen on average around 500 bills per session. Generally, a little under half end up being signed into law.

Some of the early bills include an act allowing for the removal of a county commissioner and another creating a tax exemption for data centers.

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Attorney General Marty Jackley is also introducing a host of bills including one allowing law enforcement to seize cryptocurrency that’s part of a criminal investigation.

“Cryptocurrency has become a haven for scammers, drug traffickers, and human traffickers, costing South Dakotans millions in losses and fueling online crime,” said Jackley. “This legislation adds ‘digital currency’ to South Dakota’s seizure laws, giving law enforcement the tools to confiscate illicit crypto assets and disrupt criminal networks hiding behind digital secrecy.”

A full list of bills and resolutions is available on the LRC’s website.

The 2026 session begins Jan. 13.

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South Dakota

SD Lottery Powerball, Lucky For Life winning numbers for Jan. 5, 2026

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The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 5, 2026, results for each game:

Winning Powerball numbers from Jan. 5 drawing

04-18-24-51-56, Powerball: 14, Power Play: 2

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Jan. 5 drawing

02-07-08-21-45, Lucky Ball: 15

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Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Jan. 5 drawing

12-19-21-30-47, Star Ball: 05, ASB: 03

Check Lotto America payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

  • Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
  • Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
  • Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10 p.m. CT on Tuesday and Friday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
  • Dakota Cash: 9 p.m. CT on Wednesday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.



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SD Lottery Lucky For Life winning numbers for Jan. 4, 2026

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The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 4, 2026, results for each game:

Winning Lucky For Life numbers from Jan. 4 drawing

03-08-13-38-47, Lucky Ball: 02

Check Lucky For Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

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Are you a winner? Here’s how to claim your prize

  • Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
  • Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
  • Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10 p.m. CT on Tuesday and Friday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
  • Dakota Cash: 9 p.m. CT on Wednesday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.



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