Cannabis Laws in South Dakota

Legal status at a glance

As of the last verification date, South Dakota permits medical cannabis for qualifying patients but prohibits recreational (adult-use) cannabis. Possession, distribution, and cultivation outside the medical program are criminal offenses.

Key dates:

• November 2020: Voters approved Initiated Measure 26 (medical cannabis) and Constitutional Amendment A (recreational cannabis) on the same ballot ^[1].
• February 2021: A circuit court struck down Amendment A; the South Dakota Supreme Court affirmed in November 2021, ruling the amendment violated the state's single-subject rule ^[2].
• July 2021: The medical cannabis program took legal effect; the Department of Health began issuing patient cards in late 2021 ^[3].
• November 2022: Voters rejected Initiated Measure 27 (recreational legalization), 53% to 47% ^[4].
• November 2024: Voters rejected Initiated Measure 29 (recreational legalization), again by a similar margin ^[5].

> This article is informational only and is not legal advice. Cannabis laws change frequently and enforcement varies by county and city. Consult a licensed South Dakota attorney for advice about your situation.

Medical cannabis program

Initiated Measure 26 created South Dakota's medical cannabis program, codified at SDCL Chapter 34-20G ^[6]. The program is administered by the South Dakota Department of Health ^[3].

Patient eligibility. A qualifying patient must have a written certification from a South Dakota–licensed practitioner stating that the patient has a 'debilitating medical condition.' The statute lists conditions including cancer, glaucoma, HIV/AIDS, ALS, Crohn's disease, epilepsy, multiple sclerosis, PTSD, and chronic or severe pain, plus conditions added by Department of Health rule ^[6].

Possession limits. Registered cardholders may possess up to 3 ounces of cannabis flower. Limits on concentrates and edibles are set by Department of Health rule ^[3].

Home cultivation. Patients with a cultivation endorsement on their card may grow at least 3 plants, with stricter requirements for secure, enclosed locations ^[6].

Reciprocity. South Dakota recognizes out-of-state medical cannabis cards for visiting patients, but out-of-state patients still must comply with South Dakota possession limits and cannot purchase from South Dakota dispensaries without registering ^[3].

Dispensaries (called 'medical cannabis establishments' in statute) are licensed by the Department of Health and operate in multiple cities, including on several tribal lands that run their own programs.

Recreational possession penalties

South Dakota has not decriminalized non-medical cannabis. Penalties under SDCL 22-42-6 and related statutes ^[7]:

• Up to 2 oz: Class 1 misdemeanor — up to 1 year jail and/or $2,000 fine.
• 2 oz to ½ lb: Class 6 felony — up to 2 years prison and/or $4,000 fine.
• ½ lb to 1 lb: Class 5 felony — up to 5 years prison.
• 1 lb to 10 lb: Class 4 felony — up to 10 years prison.
• More than 10 lb: Class 3 felony — up to 15 years prison.

Paraphernalia (pipes, bongs, rolling papers used for cannabis) is a separate Class 2 misdemeanor ^[7].

'Internal possession.' South Dakota is one of the few states that prosecutes the ingested presence of a controlled substance as a crime under SDCL 22-42-15 ^[8]. A person who has THC metabolites in their system but no physical cannabis on them can still be charged with a Class 1 misdemeanor — though this statute does not apply to registered medical patients consuming as authorized. This has been criticized by civil liberties groups as unusually punitive ^[8].

DUI. Driving under the influence of cannabis is a separate offense under SDCL 32-23. South Dakota does not have a per se THC blood limit; impairment must be proven.

Hemp and CBD

South Dakota legalized industrial hemp in 2020 (HB 1008) after Governor Kristi Noem vetoed earlier attempts ^[9]. Hemp is defined consistently with the federal 2018 Farm Bill — cannabis containing 0.3% delta-9 THC or less by dry weight.

CBD products derived from hemp are legal to sell and possess. However, products containing delta-8 THC, delta-10 THC, THC-O, HHC, and other hemp-derived intoxicating cannabinoids exist in a contested space. South Dakota has considered but not, as of the verification date, passed comprehensive restrictions on intoxicating hemp derivatives, though enforcement actions have occurred Disputed. Check current state legislation before assuming any specific cannabinoid product is legal.

Tribal jurisdictions

Several Native American tribes in South Dakota operate their own cannabis programs under tribal sovereignty, independent of state law. The Flandreau Santee Sioux Tribe and the Oglala Sioux Tribe (Pine Ridge Reservation) have established cannabis programs, with the Oglala Sioux Tribe legalizing both medical and recreational cannabis on the reservation in 2020 ^[10].

Importantly, cannabis purchased legally on tribal land remains illegal to transport off the reservation under state law. Non-tribal members on reservations are generally subject to state law for state-court-prosecutable offenses, creating complex jurisdictional situations ^[10].

What to watch

Recreational legalization has now been rejected by South Dakota voters twice (2022, 2024) after passing once (2020) and being overturned in court. Advocacy groups have indicated they may attempt another ballot measure, but the political path is narrower than in many states. Legislative changes to the medical program — particularly around qualifying conditions, possession limits, and intoxicating hemp products — are the more likely near-term developments.

Last verified: June 2024. Statutes, ballot outcomes, and Department of Health rules cited above were current as of that date. This article is not legal advice.

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