Weed Laws in South Dakota

Named after the Lakota and Dakota Sioux Native American tribes, South Dakota is home to over 880,000 residents and is the 5th least populous state. To enjoy some nature in South Dakota, individuals can travel to one of the many forests, lakes, and hills. Some of the most popular sites in South Dakota include Black Elk Peak, Big Stone Lake, Spearfish Canyon, Badlands National Park, and Custer State Park. South Dakota is also home to Mount Rushmore, originally the Six Grandfathers, and the Crazy Horse Memorial. 

To learn more about the history of South Dakota, individuals can visit sites such as the Old Courthouse Museum in Sioux Falls, the Blood Run National Historic Landmark, the city of Deadwood, and the Mammoth Site in Hot Springs. Other fun sites to see include; Wind Cave National Park and Jewel Cave National Monument, where you can tour miles of underground caves.

South Dakota legalized the use, possession, cultivation, and sale of medical marijuana by ballot initiative in 2020, and the first dispensary opened on January 18th, 2022. Individuals without a medical marijuana certification may not use, possess, sell, or cultivate cannabis in South Dakota. Possession of two ounces or less of cannabis flower is a misdemeanor carrying a fine of up to $2,000 and up to one year in jail. Possession of cannabis concentrates in any amount for individuals without a medical marijuana card is a felony punishable by ten years in prison and a $20,000 fine.

Is Weed Legal in South Dakota?

YES, but only for medicinal purposes in the state of South Dakota, for people with a licensed medical marijuana card.

Weed Legalization in South Dakota

South Dakota has some of the country's strictest cannabis laws. Cannabis was first banned in 1931 and then decriminalized cannabis in 1977; shortly after, the law was repealed. Activists made several attempts to legalize medical marijuana and decriminalize possession and use from 2006 to 2018. Twice medical marijuana initiatives had made it onto the South Dakota voter ballot, first in 2006 and again in 2010, but both failed. Activists attempted to put a decriminalization measure on the 2016 ballot but did not succeed in getting the necessary number of signatures.  

In 2017, activists again tried to get a medical marijuana initiative on the 2018 ballot but failed in getting the required number of valid signatures. Voters in South Dakota finally legalized the use and sale of medical marijuana in November 2020, and Measure 26 was enacted on July 1st, 2021. Along with Measure 26, the voters also passed Constitutional Amendment A, which would have legalized recreational marijuana. However, in November 2021, the amendment was ruled unconstitutional, stating it violated South Dakota’s rule for single-subject ballot measures.

As of 2023, the consumption of cannabis is legal for medicinal use only in the state of South Dakota. The state began issuing medical marijuana cards on November 18th, 2021 and opened the first medical marijuana dispensaries on January 19th, 2022. Individuals without a medical marijuana card can still be charged with a misdemeanor or felony and face a fine, depending on the quantity and type of cannabis being possessed.

Cannabis Tax in South Dakota

Individuals with a South Dakota medical marijuana card, caregivers, and non-resident patients are allowed to purchase cannabis from state-licensed dispensaries. The state levies a 4.5% state sales tax on medical marijuana purchases. Individual municipalities can enact a tax of up to 2% on the sale of medical marijuana. These state and municipality sales taxes are applied to the state or municipality fund and pay for various programs and projects throughout South Dakota and municipalities. 

Is Cannabis Delivery Available in South Dakota?

NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of South Dakota. 

Where Can You Legally Use Weed in South Dakota?

Cannabis can be legally used in the following areas in South Dakota:

🗹 Private properties such as residences

Cannabis CANNOT be consumed in:

X Public spaces

X Motorized vehicles in motion, for both driver and passengers

What are the Restrictions on Cannabis Possession in South Dakota?

Individuals with a South Dakota medical marijuana card, caregivers, and non-resident patients are allowed to purchase and possess up to three ounces of cannabis products at a state-licensed dispensary. Medical marijuana cardholders under the age of 21 are not allowed to purchase, possess, or use inhalable cannabis products. 

The equivalent weight for cannabis products in South Dakota can be found below:

Product Type	Amount equal to one ounce of cannabis
Concentrated Cannabis in smokable form	8 grams
Vaporizer pens	8 grams
Oils in oral dosage syringe or capsule form	5 grams
Edibles (excluding oils)	800mg of THC
Topical (ointment, cream, or lotion)	12 fluid ounces
Topical (dried plant material or powder)	1 ounce
Transdermal patches	800mg of THC

For example, a medical marijuana cardholder in South Dakota cannot purchase and possess more than 12 fluid ounces of a topical in combination with 8 grams of vaporizer pens and 800mg of THC in edibles.

For home cultivation, medical marijuana patients in South Dakota are allowed to cultivate up to three cannabis plants at home unless recommended for more by their physician.

For individuals without a medical marijuana certification, the possession of cannabis is punishable by jail time and a fine, which is dependent on the quantity and type of cannabis being possessed.

During vehicular transportation:

• Cannabis may either be in a sealed container, or
• Stored in the trunk of the vehicle

Frequently Asked Questions About Marijuana in South Dakota

How do I get a medical marijuana card in South Dakota?

An individual must first obtain a recommendation for medical marijuana from a physician. If approved, the physician will issue a certification through the online portal. Then the individual can submit the required documentation, such as proof of identification and a passport quality photo and pay the appropriate fee to the South Dakota Medical Cannabis Program.

Can out-of-state medical marijuana patients possess cannabis in South Dakota?

Yes, non-resident medical marijuana patients are permitted to possess up to three ounces of natural and unaltered cannabis. Individuals must submit documentation of a qualifying medical condition to the state to register as a non-resident patient to purchase medical marijuana at a state-licensed dispensary.

How much cannabis can medical marijuana patients possess?

Medical marijuana patients in South Dakota are allowed to possess a combined three ounces of cannabis products. For example, a medical marijuana patient can possess no more than 8 ounces of cannabis concentrate, 1 ounce of cannabis flower, and 800mg of THC in edibles.

Where can I buy medical marijuana from in South Dakota?

Medical marijuana patients in South Dakota can find a list of state-licensed dispensaries here.

Can a minor become a medical marijuana patient in South Dakota?

Yes, qualifying individuals under 18 may receive a medical marijuana card. Patients under 18 are required to have a parent or guardian as their caregiver.  

Can I grow medical marijuana at home?

Yes, medical marijuana patients can grow up to three cannabis plants at home or more as permitted by the patients’  qualifying physician.

What is the fee for a medical marijuana card in South Dakota?

The cost to register as a medical marijuana patient in South Dakota is $75, or $25 if they are a qualifying low-income patient.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.