Is Weed Legal In South Dakota?
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Yes. Weed is legal in South Dakota, but only for medical uses. People have the full right to possess marijuana for medicinal dosage. The state government of South Dakota ensured the legal right in 2020. The act became effective in 2021. However, the state has not permitted weed for adult use. The consumption of marijuana for personal recreation is strictly prohibited in South Dakota, it is a punishable offense to possess even an ounce of marijuana without a license.

No. South Dakota government does not approve the consumption of marijuana for recreational purposes. Constitutional Amendment A was proposed in the 2020 Ballot. The proposal was accepted. But it was challenged in the court. In 2021, the then Circuit Court Judge declared the Amendment illegal. The state attempted for a second round in the 2022 November Ballot. However, voters of South Dakota expressed their disagreement through their votes.

The present condition of South Dakota implies that the residents are not interested in legalizing recreational marijuana. It depicts that no person can consume marijuana for recreational purposes. Weed products other than by doctor’s recommendation are considered illegal. An individual must not have any such products in their possession.

The state government of South Dakota enforced a proposal in the November Ballot of 2020. It was named Initiated Measure 26. Voters of South Dakota accepted the proposal with 70% of votes. The passage of Measure 26 approved the licensed doctors of South Dakota to use marijuana as a medicinal replacement for other medicines. The same Amendment also allowed qualifying patients to obtain weed legally. Every qualifying patient needs a medical marijuana card to carry out the transaction legally. KIF helps patients get their registered medical marijuana within a short period.

According to the provisions of Initiated Measure 26, a qualifying patient can purchase a maximum of 3 ounces of weed in every transaction. However, 3 ounces is the limit for total transactions every 14 days. The medical marijuana card not just allows an individual to purchase marijuana. The card also enables a patient to grow weed plants at home. They can grow up to 4 marijuana plants. However, the number of matured plats must not exceed 2. They can grow 2 seedlings of marijuana for cultivation.

South Dakota has approved the medical use of marijuana after considering the rich history of the country’s weed consumption. The United States of America has been consuming weed for ages for several therapeutic reasons. South Dakota legislature has released a list of qualifying conditions. A patient will be issued a card based on those conditions. The primary conditions were Cachexia, muscle spasms, chronic pain, seizures, and nausea. The state added some debilitating conditions. AIDS/HIV, post-traumatic stress disorder, Crohn’s disease, cancer, ALS, and Epilepsy were added later. Thus, only a licensed medical marijuana card will help you to possess marijuana for these conditions. Contact KIF for streamlining your seamless registration process.

Penalties for Marijuana Possession

  • It is a misdemeanor to obtain a maximum of 2 ounces of weed without a medical marijuana card. An offender may face imprisonment for a maximum of 12 months, followed by a fine of $2,000.
  • It is a Class 6 felony to possess weed above 2 ounces. It is a punishable offense. An offender may be sentenced to jail for a maximum of 2 years. They may also pay $4,000 in fines at maximum. The possession limit must not be over 0.5 pounds.
  • It is a Class 5 felony to possess above 0.5 pounds of weed. An offender may be sentenced to a maximum of 5 years of imprisonment. They may be fined $ 10,000. However, the possession limit must not exceed 1 pound.
  • Possession of weed above 1 pound is a Class 4 felony in South Dakota. An offender will be sent to jail for a maximum of 10 years. They will also face a fine of up to $20,000. Their possession amount must be within 10 pounds for this punishment.
  • It is a Class 3 felony to obtain more than 10 pounds of weed in South Dakota. An offender will face a penalty of 10 years of jail imprisonment. Their acceptable amount may be limited to $30,000.

Is Weed Decriminalized in South Dakota?

Possession of weed is not decriminalized in South Dakota. The state decriminalized weed in 1977. But it was soon repealed. There was another attempt made in 2015. The proposal was named South Dakota Against Prohibition. It failed to win the sufficient votes required to be passed for becoming an initiated measure in the ballot. If passed, it would decriminalize the possession of weed below 1 ounce (28 grams). It would merely be considered a civil infraction.

The failed decriminalization attempts clearly show that possessing weed in South Dakota is a severe criminal offense. Moreover, possessing weed is a criminal offense before the eyes of federal law. The federal government of the United States of America considers weed a Schedule 1 drug. That means you cannot consume weed anywhere in South Dakota without a card. A card owner must not consume weed on federal lands.

Future of Cannabis Legalization in South Dakota

The state government of South Dakota has been scrupulous in controlling weed consumption. It only approves the medical consumption of cannabis. Thus, the market of weed is limited to the medicinal sector. However, the market has been growing steadily since 2020. The state legalized medical marijuana in 2020.

Sales of marijuana have a positive impact on the growth of a state’s economy. South Dakota also enjoys the benefits of weed sales at the dispensaries. However, it does not compromise the decision of voters to oppose recreational marijuana. It levies a tax on the legal sales of marijuana to collect profit.

The future of cannabis legalization is uncertain in South Dakota. The market will profit more, strengthening the economy once the state legalizes recreational use.

South Dakota Marijuana Laws in 2024

  • Only individuals with a registered medical marijuana card can possess medical weed for consumption.
  • A qualifying patient must be at least 18 to obtain a medical marijuana card.
  • Their registered caregiver must complete the transaction on their behalf for minor qualifying patients.
  • Individuals are subjected to a 4.5% tax on purchasing medical weed.
  • Individuals must not possess any form of weed or hashish for recreation.
  • A qualifying patient cannot consume medical weed at their workplace.
  • Individuals must not drive intoxicated. They must not ride a motor vehicle while consuming weed.


I am a qualifying patient. Can I drive with my legally possessed amount across the state?

  • The state law of South Dakota does not approve driving with medical marijuana across the state lines. You must be careful about the consequences.

Can I gift medical marijuana to others?

  • No. You must not gift marijuana to other people. It will be treated as possession of weed to distribute. As recreational consumption is prohibited, it is illegal to gift marijuana.

Can I purchase vapes in South Dakota?

  • A qualifying patient can purchase vapes and equivalents like edibles with a medical marijuana card. An individual without a card must not possess vapes in South Dakota. It is a punishable offense.

By Kif Team

The Kif Team has expert team of writers with a profound understanding of holistic medicine. We specialize in assisting individuals in obtaining their medical marijuana cards. We firmly believe in the therapeutic benefits of medical cannabis for various health conditions. Our mission is to educate and enlighten as many people as possible about its potential advantages.

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