The Complete Guide to Cannabis in South Dakota

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South Dakota’s cannabis laws have evolved significantly over the past decade, shaped by voter initiatives, court rulings, and legislative debates. The state’s medical marijuana program, established in 2021, has provided thousands of patients with legal access to cannabis, while recreational marijuana remains illegal following multiple failed ballot measures. As of 2025, South Dakota maintains a complex legal landscape, balancing patient needs with strict enforcement against non-medical use. This guide offers a comprehensive overview of cannabis in South Dakota, covering the medical marijuana program, recreational laws, hemp-derived products, penalties, and what the future might hold. Whether you’re a patient, resident, or visitor, here’s everything you need to know to navigate South Dakota’s cannabis regulations.

South Dakota’s Medical Marijuana Program: Access and Eligibility

South Dakota’s medical marijuana program, legalized through Initiated Measure 26 in November 2020, officially began on July 1, 2021. Overseen by the South Dakota Department of Health (SDDOH), the program allows patients with debilitating medical conditions to obtain a medical marijuana card, granting legal access to cannabis products from licensed dispensaries. As of March 2025, the program has issued over 11,275 patient cards and certified 382 practitioners, with 70 dispensaries, 35 cultivators, 19 manufacturers, and six testing labs operating statewide.

The program is designed to ensure patient safety and compliance. Patients must meet specific criteria to qualify:

• Residency: Applicants must be South Dakota residents with proof of residency, such as a driver’s license or utility bill. Non-residents are not eligible for cards.
• Qualifying Condition: Patients must have a debilitating medical condition, such as cancer, epilepsy, multiple sclerosis, glaucoma, PTSD, Crohn’s disease, or chronic pain. The SDDOH allows physicians to certify patients for other conditions if they believe cannabis would provide relief.
• Physician Certification: A licensed physician, physician assistant, or nurse practitioner registered with the SDDOH must evaluate the patient and submit a certification to the state’s medical cannabis portal.
• Application Process: Patients apply online through the SDDOH portal, submitting their certification, proof of residency, and a $75 fee (waived for low-income patients or those receiving government assistance).

Once approved, patients receive an electronic card within 10-15 days, valid for one year. Certified patients can purchase up to three ounces of cannabis flower (or equivalent in concentrates or edibles) every 14 days and cultivate up to three mature and three immature plants at home in a secure, locked location. Minors under 18 require a caregiver, who must also register with the program and pass a background check excluding violent felony convictions.

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How to Get a Medical Marijuana Card in South Dakota

Obtaining a medical marijuana card in South Dakota is straightforward but requires careful steps. Here’s a step-by-step guide to help you through the process:

1. Confirm Your Condition: Consult with a healthcare provider to verify that you have a qualifying condition. The SDDOH’s list is broad, but physicians have discretion to certify for other debilitating conditions.
2. Schedule a Physician Visit: Book an appointment with a certified practitioner. Initial certifications require an in-person visit, though renewals can use telemedicine. The practitioner will assess your medical history and, if appropriate, issue a written certification.
3. Register Online: Access the SDDOH’s medical cannabis portal and create an account. Upload your physician’s certification, proof of residency, and a passport-style photo. Pay the $75 application fee, or apply for a fee waiver if eligible.
4. Await Approval: The SDDOH processes applications within 10 days and issues an electronic card within five days of approval. Download or print your card to use at dispensaries.
5. Visit a Dispensary: Present your card and a valid ID at a licensed dispensary to purchase cannabis products. Dispensary staff verify your status through the state’s database.

Caregivers follow a similar process, registering through the portal and submitting a background check. The SDDOH ensures all products meet safety standards, with mandatory testing for contaminants and potency.

Recreational Marijuana: A Persistent Struggle

Recreational marijuana remains illegal in South Dakota, despite multiple attempts to legalize it. In 2020, voters approved Constitutional Amendment A, which would have legalized adult-use cannabis, with 54.2% in favor. However, the South Dakota Supreme Court struck it down in 2021, citing a violation of the state’s single-subject rule for ballot measures. A second attempt, Initiated Measure 27, failed in 2022 with 52.9% voting no. Most recently, Initiated Measure 29, which proposed legalizing possession and cultivation for adults 21 and older, was rejected in November 2024, garnering only 44% support.

The repeated failures reflect South Dakota’s conservative leanings and organized opposition from groups like Protecting South Dakota Kids, who argue that legalization could increase youth access, crime, and health risks. Advocates, led by South Dakotans for Better Marijuana Laws, counter that legalization would reduce black-market activity, free up law enforcement resources, and align with personal freedom. Despite the setbacks, advocates are likely to try again, possibly in 2026, leveraging higher voter turnout in a presidential election year.

Without legalization, recreational use carries stiff penalties. Possession of up to two ounces is a Class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine. Larger amounts escalate to felonies:

• 2 ounces to 0.5 pounds: Class 6 felony, up to 2 years in prison and $4,000 fine.
• 0.5 to 1 pound: Class 5 felony, up to 5 years in prison and $10,000 fine.
• 1 to 10 pounds: Class 4 felony, up to 7 years in prison and $14,000 fine.
• Over 10 pounds: Class 3 felony, up to 15 years in prison and $30,000 fine.

Possession of edibles, hash, or concentrates is a Class 5 felony, with up to five years in prison and a $10,000 fine, regardless of quantity. Public consumption or smoking near schools can lead to additional charges.

Hemp and Delta-8: A Legal Loophole

While recreational marijuana is illegal, hemp-derived products like delta-8 and delta-10 THC are widely available in South Dakota, thanks to the 2018 federal Farm Bill, which legalized hemp with less than 0.3% delta-9 THC. These products, often sold as gummies, vapes, or edibles, produce a milder high and are legal for anyone 21 and older to purchase at smoke shops, gas stations, and online retailers.

However, the hemp market operates in a gray area. South Dakota imposes minimal regulations, raising concerns about product safety and youth access. In 2023, the South Dakota Industrial Hemp Association called for stricter oversight, citing packaging that mimics candy and appeals to children. Unlike medical marijuana, hemp products don’t require lab testing, and their potency can vary. Law enforcement also struggles to distinguish legal delta-8 from illegal delta-9 THC, complicating enforcement.

In 2025, the legislature is considering bills to regulate delta-8 and other hemp-derived cannabinoids, potentially requiring age verification, lab testing, and child-resistant packaging. For now, consumers should buy from reputable retailers and check product labels for third-party testing.

Navigating Dispensaries and Patient Rights

South Dakota’s medical marijuana dispensaries are professional and patient-focused, offering products like flower, edibles, tinctures, vape cartridges, and topicals. Patients can purchase up to three ounces of flower every 14 days, with a rolling limit tracked by dispensaries. Products are capped at 30% THC for flower and 60% for concentrates, ensuring controlled potency.

Patients enjoy legal protections under the medical cannabis program. Cardholders cannot be denied custody or visitation rights based solely on their cannabis use, and schools or landlords cannot discriminate against them. However, employers are not required to accommodate medical marijuana use, and workplace drug testing remains a risk. Patients should store cannabis securely and avoid public consumption, which is illegal and carries a $500 fine.

Penalties and Enforcement

South Dakota’s cannabis laws are among the harshest in the U.S. for non-medical use. Driving under the influence of cannabis carries the same penalties as alcohol-related DUI, with fines, jail time, and license revocation. Unlike alcohol, law enforcement can charge based on the presence of cannabis metabolites in bodily fluids, even without proof of impairment. Penalties escalate with repeat offenses:

• First offense: Class 2 misdemeanor, up to 30 days in jail and $500 fine.
• Fifth offense: Class 4 felony, up to 7 years in prison and $14,000 fine.

Possession of paraphernalia is a Class 2 misdemeanor, with up to 30 days in jail and a $500 fine. Selling paraphernalia is a felony. First-time offenders may qualify for diversion programs, which, if completed, can expunge charges. However, these programs are typically reserved for young or low-level offenders.

Legislative and Social Dynamics

South Dakota’s cannabis policies reflect a tug-of-war between voter intent and conservative governance. In 2025, Representative Travis Ismay introduced legislation to repeal the medical marijuana program, arguing it undermines public safety. The bill, reported by Dakota News Now, faces strong opposition from advocates like New Approach South Dakota, who highlight the program’s 70% voter approval in 2020. The legislature also passed 23 cannabis-related laws in 2022, refining regulations on cultivation, testing, and patient rights.

Socially, medical marijuana has gained acceptance, with over 11,000 patients enrolled. However, recreational legalization faces resistance in rural areas, where concerns about crime and youth access dominate. Urban centers like Sioux Falls show more support, with dispensaries integrating into local economies. The state’s cannabis industry has created jobs and generated tax revenue, with a 4% sales tax funding public health and education programs.

The Future of Cannabis in South Dakota

The failure of Initiated Measure 29 in 2024 was a setback for recreational legalization, but advocates remain optimistic. South Dakotans for Better Marijuana Laws plan to refine their approach, possibly targeting 2026 with a more comprehensive proposal that includes regulated sales. Meanwhile, the medical program continues to expand, with proposals to streamline certifications and reduce fees for veterans.

Hemp-derived products like delta-8 are likely to face increased scrutiny, as lawmakers seek to protect consumers without stifling the industry. Federal reclassification of cannabis from Schedule I to Schedule III, under consideration in 2025, could also ease restrictions on research and banking for South Dakota’s cannabis businesses.

Frequently Asked Questions

Who can get a medical marijuana card in South Dakota?

South Dakota residents with a debilitating medical condition, such as cancer, epilepsy, or chronic pain, can apply for a card. A certified practitioner must verify the condition, and applicants need proof of residency.

Can non-residents use medical marijuana in South Dakota?

No, non-residents cannot obtain a South Dakota medical marijuana card. However, those with valid out-of-state cards may possess up to three ounces if they have documentation of a qualifying condition.

Is recreational marijuana legal anywhere in South Dakota?

No, recreational marijuana is illegal statewide. Possession of up to two ounces is a misdemeanor, and larger amounts or concentrates are felonies.

Can I grow my own cannabis?

Medical marijuana patients can grow up to three mature and three immature plants in a secure, locked location. Recreational cultivation is illegal without a medical card.

What are delta-8 products, and are they legal?

Delta-8 THC products, derived from hemp, are legal under federal law and available for those 21 and older. They produce a milder high but lack the strict regulations of medical marijuana.

Conclusion

South Dakota’s cannabis landscape is a mix of progress and restriction. The medical marijuana program offers a lifeline for patients, with clear pathways to access safe, regulated products. However, recreational use remains out of reach, with harsh penalties for non-compliance. Hemp-derived products like delta-8 provide a legal alternative but come with risks due to limited oversight. By understanding the state’s laws, patients and residents can make informed choices while advocating for future reforms. Whether you’re seeking relief or navigating the legal system, staying informed is key to thriving in South Dakota’s evolving cannabis environment.