South Dakota maintains a cautious cannabis framework, allowing medical marijuana use while continuing to prohibit recreational weed under state law. Registered patients with qualifying conditions can legally access medical cannabis through licensed dispensaries, but adult-use marijuana remains illegal following failed legalization efforts and court challenges. This page explains South Dakota’s current marijuana legality, including medical cannabis rules, possession limits, home cultivation allowances, enforcement penalties, and recent legislative developments that could affect the program’s future. For readers who want to compare how South Dakota’s cannabis laws differ nationwide, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in South Dakota
1. Medical Marijuana: Legal
- Legal Framework: South Dakota’s medical cannabis program became effective in July 2021, following voter approval of a ballot initiative in 2020.
- Eligibility: Residents diagnosed with qualifying debilitating conditions (e.g., chronic pain, epilepsy, multiple sclerosis) may apply for a medical marijuana card.
- Possession Limits: Registered patients can possess up to 3 ounces of cannabis.
- Home Cultivation: Up to 3 plants are permitted for personal use if authorized by a physician and approved by the Department of Health.
- Access: Cannabis products can be purchased from state-licensed dispensaries with a valid medical ID.
2. Recreational Marijuana: Illegal
- Legal Attempts:
- A 2020 constitutional amendment to legalize adult-use marijuana passed but was overturned by the state Supreme Court.
- A follow-up 2022 ballot measure failed to gain enough voter support.
- Current Status: Recreational marijuana remains illegal for all individuals, regardless of age or purpose.
3. Legal Penalties for Unauthorized Use
- Possession (under 2 oz): Classified as a misdemeanor; punishable by up to 1 year in jail and/or fines up to $2,000.
- Possession (over 2 oz): Considered a felony; penalties include longer incarceration and higher fines.
- Intent to Distribute: Carries more severe felony charges, depending on the amount and context.
4. Legislative and Policy Updates
- 2025 Legislation: A bill has been introduced to potentially dismantle the state’s medical cannabis program, citing regulatory and enforcement concerns.
- Program Impact: Over 11,000 patients may be affected if the bill passes, although no changes have been finalized yet.
Summary
- Medical Marijuana: Legal under strict regulation.
- Recreational Marijuana: Still illegal.
- Enforcement: Penalties vary by quantity and intent.
- Outlook: The medical program remains operational, but legislative uncertainty may influence its future.
