State v. Whistler

GILBERTSON, Chief Justice (on reassignment).

[¶ 1.] Defendant appeals his convictions for possession of a controlled substance in violation of SDCL 22-42-5 (2012) and ingestion of a substance for the purpose of becoming intoxicated in violation of SDCL 22-42-15. He challenges South Dakota’s statutory scheme defining a controlled substance to include an altered state of a drug or substance absorbed into the human body. He also alleges insufficient evidence to prove venue, and asserts error in the circuit court’s jury instructions. We affirm.

Background

[¶ 2.] On March 9, 2012, Spearfish Police…