Does South Dakota have a recreational use program?

No, recreational use is not legal in South Dakota. 

Does South Dakota have a medical program?

Yes, medical cannabis is legal in South Dakota. Measure 26 was approved by 70% of voters when it was put on the ballot for the state general election on November 3, 2020.

Measure 26 allows South Dakotans who are 18 years of age or older and have serious medical conditions to own and consume cannabis.

What are the rules for medical use?

In South Dakota, medical marijuana is exclusively legal for qualifying patients who are part of the state’s medical marijuana program. Eligibility requires prospective patients to be at least 18 years old, residents of South Dakota, and diagnosed with one of the approved debilitating conditions specified in Subsection 8, Chapter 34-20G-1 of the SDCL.

The laws for medical marijuana extend to minors diagnosed with the listed conditions, and the state permits out-of-state medical marijuana patients to access medical cannabis while visiting South Dakota.

The medical marijuana application process is initiated by physicians who will create certifications for patients on the state’s medical cannabis program portal. This enables patients to establish personal accounts for obtaining South Dakota medical marijuana cards. To be eligible for a medical marijuana card under the state’s program, an individual must be a South Dakota resident and provide valid proof of residency.

What are the qualifying medical conditions for eligibility?

• Cancer
• Chronic pain
• Epilepsy
• Multiple sclerosis
• Terminal illness

What are the medical program limits?

A licensed medical marijuana patient in South Dakota may acquire up to 3 ounces of marijuana flowers or comparable amounts of other cannabis forms every 14 days with a medicinal marijuana card.

What methods of use are permitted under the medical program?

There are no clear medical rules available.

Is there home delivery for medical cannabis?

Because the South Dakota Medical Cannabis Program or the State Department of Health doesn’t have any rules about delivery services, cannabis dispensaries don’t offer them.

Is CBD legal in South Dakota?

Yes, CBD is legal in South Dakota. House Bill 1008 says individuals in South Dakota can legally sell, buy, and carry CBD oil and other products containing CBD made from hemp that have less than 0.3% THC in them.

South Dakota does not allow CBD oil that comes from marijuana.

Is cannabis decriminalized in South Dakota?

No, cannabis is not decriminalized in South Dakota.

While medicinal marijuana is now legal in South Dakota, exceeding the specified limits outlined in state laws incurs penalties. Possession of up to 1 ounce of marijuana carries no penalties. However, possessing between 1 and 2 ounces is considered a misdemeanor, punishable by a maximum of 1 year in prison and a fine of up to $2,000.

If the possession is between 2 ounces and 0.5 pounds, it becomes a felony with potential penalties of 1 year imprisonment and a fine of up to $4,000. For amounts between 0.5 and 1 pound, the offense is classified as a felony, carrying potential penalties of 5 years imprisonment and a fine of up to $10,000.

Possessing between 1 and 10 pounds is deemed a felony with a potential 10-year jail term and a fine of up to $20,000. Possession of more than 10 pounds is considered a felony, subject to a potential 15-year imprisonment and a fine of up to $30,000.