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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

Brewing a celebration – AOL

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Brewing a celebration – AOL


GEDDES, S.D. (KELO) — The U.S. is getting ready to celebrate a big birthday.

July 4th will mark the country’s 250th anniversary.

South Dakota has been marking the milestone in different ways, including designating an official beer for the celebration.

Drive down Main Street in Geddes and you’ll come across Platte Creek Brewing Company.

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“I’m like everybody. You start with five-gallon batches in your garage and you want to keep progressing from there I guess,” Doug Dykstra said.

 Pollinator numbers are down: how you can help 

Today, customers have lots of options to choose from inside the former museum.

Doug and Jo Ellen Dykstra are the owners of the small town brewery that will mark five years in business in May.

But that’s not the only reason to raise a glass.

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One of the beers brewed at this business is the official beer for South Dakota’s celebration of the nation’s 250th birthday.

While it’s a familiar recipe to Platte Creek Brewing customers, it goes by a different name: Dakota Liberty.

It’s a pilsner, or light beer, with a nod to the ag industry.

“We very much liked that the corn base was with it. It had more of a farming feel with it that way. And the best part was it’s very easy drinking,” Doug Dykstra said.

“It’s corn based, so it just screams South Dakota. The name itself, that’s a beautiful name, Dakota Liberty. It gives you a little pride in your state and we’re all talking about liberty with the nation’s 250th,” Jo Ellen Dykstra said.

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State Historian Ben Jones is the chair of South Dakota’s commission for America 250.

It was his idea to have an official beer for the celebration.

“It just seemed like a way to do a couple things. One, spread the word about 250 and the other ways is to get people, ‘Oh, we can enjoy this and this is something we can participate in,’” Jones said.

Jones reached out to brewers in the state about the idea, and Platte Creek got involved.

“We sent them some samples, and they decided to go with us,” Doug Dykstra said.

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“We talked about it and I said, ‘Just picture a person who’s enjoying their July 4th and make a beer kind of pitched to that event,’ and I think they hit a home run,” Jones said.

Dakota Liberty was unveiled at the South Dakota State Fair last year.

Since then, it’s become available in more locations.

“We gain a little more all the time. It very much has hit east river and we’re working to grab more of the west river market,” Doug Dykstra said.

Dakota Liberty may be shining a brighter light on the Geddes business.

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“We get a lot of people that come in here and they say, ‘We saw your beer in Sioux Falls,’ and they wanted to stop by,” Doug Dykstra said.

“We hope it just amps up business on the weekend, but we hope it helps business. It’s just great exposure, it’s positive exposure,” JoEllen Dystra said.

Doug says they hope to work with other communities and have Dakota Liberty on hand during their celebrations.

“It’s been fun. We’re figuring out different things all the time,” Doug Dykstra said.

Perhaps more people will have a Dakota Liberty in their hands as they says cheers to 250.

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Platte Creek is working with Ben’s Brewing in Yankton to increase distribution of Dakota Liberty.

Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

 For the latest news, weather, sports, and streaming video, head to KELOLAND.com. 



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South Dakota

SD Lottery Mega Millions winning numbers for April 24, 2026

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The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at April 24, 2026, results for each game:

Winning Mega Millions numbers from April 24 drawing

07-16-32-35-40, Mega Ball: 12

Check Mega Millions payouts and previous drawings here.

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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.
  • Millionaire for Life: 10:15 p.m. CT daily.

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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South Dakota

DOC lacks population-specific programs, otherwise has ‘right things’ in place

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DOC lacks population-specific programs, otherwise has ‘right things’ in place


South Dakota’s Department of Corrections has the “right” programming, but not the means to implement all its goals. It’s also lacking in programming for certain populations, like Native Americans. That’s the latest from a task force aimed at rehabilitation reform and lowering recidivism met again.

South Dakota’s recidivism rate is the highest it’s been since the Department of Corrections started tracking it. Recidivism in the state is defined as the rate offenders who leave the prison system return on either a new crime or parole violation.

Half the prisoners who left the system in 2021 returned within three years. The 50% rate for the 2021 cohort is a 7% spike immediately following the pandemic, something Secretary

A figure from the South Dakota Department of Corrections showing the rates of successful adult offenders from the 2014-2021 cohorts.

Nick Lamb said should naturally go down as the cohort gets farther from the pandemic. Lamb set a goal for DOC reduce that number by at least 5%. Due to the three-year lag on recidivism rate, many programs implemented won’t show success or failure statistically until years later.

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Though, Lamb told appropriators during the 2026 Legislative Session that not all states reflect parole violations or repeat offenses in their recidivism rate. This could make South Dakota’s look disproportionately higher when comparing directly.

One of the ways lawmakers are trying to fix the high rate is through new prisons with features to better serve rehabilitative efforts. The women’s prison in Rapid City has more space for programming. Lawmakers approved funding and the construction a new men’s prison in Sioux Falls this past September in a special session. It replaces one built in 1881.

The Correctional Rehabilitation Task Force was formed by Gov. Larry Rhoden to look at South Dakota’s Department of Corrections and try to improve that figure. One of the ways to do that is through programming and treatment.

Many of South Dakota’s prison population has a substance use disorder. The DOC’s 2025 statistical report showed in FY25, 91% of males and 97% of females assessed at intake in the prison system were identified as having a substance use disorder.

One thing the task force looking at the issue heard at its latest meeting is programming is actually on the right track. The task force hired the Council of State Governments, or CSG, Justice Center as a third-party consultant to dive into DOC programming and ways to improve the system. They provided the task force with preliminary results.

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David D’Amora is a Senior Policy Advisor with CSG. He said DOC is on the right track after seeing all of the programs the department has.

“And looking through that document, my issue is not you should throw this out. My issue is, ‘How do you build up the capacity to do this?’ You’ve got the right things,” D’Amora told the task force during its April 22 meeting. “Now, you’ve got to figure out how to implement it the right way, which is going to take some time and some resources.”

David D'Amora with the CSG Justice Center speaks to the Correctional Rehabilitation Task Force on April 22, 2026.
David D’Amora with the CSG Justice Center speaks to the Correctional Rehabilitation Task Force on April 22, 2026.

But he did point to some issues, noting programming specifically for Native Americans is lacking.

“That is in fact going to be one of the things in our recommendations as far as improving programming,” D’Amora said.

The 2025 DOC report showed Native Americans are overrepresented in South Dakota’s prison system in general: 35% of men 61% of women in state prisons are Native, despite accounting for just 10% of the state’s general population.

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There are other gaps such as women-specific programming and in education programming outside of individuals seeking a GED. Specific program for other populations, such as low literacy learners, people with long sentences and individuals with serious mental illness, is lacking as well.

Sara Friedman is a Program Director for CSG, and she said a lot of programming is “duplicative.”

“You do have some programs that kind of address the exact same need for the exact same type of person, when you could be having more of a here’s an intro-class and here’s an advanced class,” Friedman said. “You could have more tiered and sequencing within the program catalog.”

Getting into programming has been an issue for inmates as well. The CSG report showed that 25% more inmates received programming in 2025 than in 2023, but waitlists are an issue. Access to programs in the state’s three largest prison facilities, the Jameson Annex, Mike Durfee State Prison in Springfield and the South Dakota Penitentiary, is also an issue.

CSG uplifted many things the DOC is currently doing, especially DOC staff, noting that DOC employees are “deeply committed and skilled.” The presentation noted that staff are stretched thin, though, and the structure in place “undermines impact and limits staff critical support.”

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Data from the CSG Justice Center presentation for the Correctional Rehabilitation Task Force's April 22, 2026, meeting.
Data from the CSG Justice Center presentation for the Correctional Rehabilitation Task Force’s April 22, 2026, meeting.

CSG plans to provide cohesive changes and legislation that could help the state’s prison system. That’s expected in further detail at future meetings. However, they offered some changes they may recommend.

Those include additional trainings and quality assurance for DOC staff, improving data quality issues to actually track program success. changing the structure for earned discharge credits and others.

CSG also mentioned it may be beneficial to create a single rehabilitation and reentry division in DOC. It would oversee all programming, education, case management and behavioral health under one leadership structure. Other states have created similar divisions.

Lawmaker Reactions

However, lawmakers have questions on what’s changed and what’s next.

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Mitchell Rep. Jeff Bathke used to work as a licensed counselor for the Department of Corrections. He’s wondering what’s changed over time, because the report didn’t feel like news to him.

“When you look back of the [programming] 15 years ago, everything that they mentioned today that we should have or should do better, we did that 15 years ago. So, I think what they need to do is go back and look at what changed in that last 15 years,” Bathke said. “Why do we no longer do what worked then? Another part is we need to look at what was our recidivism 1, 2 and 3 years out of prison 15 years ago, what is it today, and what’s our goal for that? And I’m not sure many people in the room today actually know those numbers.”

Bathke said there were good questions asked but noted what he feels is a lack of knowledge of the prison system amongst task force members. He expressed a desire to see what had changed in the department over time and when programming changed and how.

The report showed there’s a lack of tribal-specific programming in the system for Native American inmates.

Sen. Tamara Grove represents District 26, which includes the Lower Brule Sioux Tribe Reservation. She said she’s excited at the acknowledgement that South Dakota needs more on tribal programming.

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“It sounds like we’re going to have deeper conversations in that area, so I look forward to hearing what more are they wanting to do. I think probably it will be more of an emphasis on the cultural side and dealing with the traumas, the past experiences, the generational kind of stuff, which is huge. It is key when you’re talking about substance abuse disorder.”

Task Force members are expected to hear more about programming gaps and recommendations at the task force’s June meeting.





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