{"id":376336,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-marijuana-laws.html"},"modified":"2025-01-02T11:56:21","modified_gmt":"2025-01-02T16:56:21","slug":"south-dakota-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-marijuana-laws.html","title":{"rendered":"South Dakota Marijuana Laws"},"content":{"rendered":"\n
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South Dakota Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

South Dakota voters let their voices be heard about the legalization of marijuana (also known as cannabis) at the polls in 2020. But only half of what they demanded came to be. Voters approved ballot measures legalizing medical marijuana <\/a>and recreational cannabis use<\/a>. These referenda gave the South Dakota legislature permission to act and finalize rules for the regulation of cannabis.<\/p>\r\n

Lawmakers in the State House and Senate didn’t get a chance to move forward on recreational marijuana. After the election, a circuit judge overturned Constitutional Amendment A<\/a> (the recreational marijuana law) on a legal technicality. The South Dakota Supreme Court upheld that ruling, negating the legalization of adult-use recreational marijuana.<\/p>\r\n

The non-profit organization behind these initiated measures is South Dakotans for Better Marijuana Laws<\/a>. As a result of their efforts, recreational marijuana was on the ballot again in 2024 as Initiative 29<\/a>. This was legalize adult-use cannabis for those 21 and older, but it failed<\/a>.<\/p>\r\n

South Dakota marijuana laws can be difficult to keep straight. In this article, we’ll examine the medical marijuana program and how to become a member. You’ll learn about the strict punishments for cannabis offenses and what the recreational limits might be if enough people vote yes on Initiative 29. Read on for an improved understanding of the marijuana laws in South Dakota.<\/p>\r\n

How South Dakota Cannabis Laws Work<\/h2>\r\n

Medical marijuana is legal in South Dakota due to Ballot Measure 26, but it’s illegal for anyone but SDMCP patients and caregivers to possess cannabis. Illegal possession of marijuana<\/a> of up to 2 ounces is a misdemeanor with the potential of up to a year in jail and a fine of up to $2,000. Any illegal possession over 2 ounces is a felony.<\/p>\r\n

Smoking cannabis in public places is prohibited. Patients should be aware that marijuana is still considered a Schedule 1 drug<\/a>, as per the Controlled Substances Act (CSA)<\/a>. Even medical marijuana cardholders can face federal charges for marijuana possession in national parks, American military bases, and federal courthouses.<\/p>\r\n

While SDMCP patients and caregivers can grow a small number of cannabis plants for personal use, cultivation by anyone else without a license from the state is illegal. Penalties are based on weight and can be charged as intent to distribute.<\/p>\r\n

In the same vein, all sales and distribution must take place in state-licensed dispensaries. Any sale over 0.5 ounces and up to an ounce of marijuana is a felony. Penalties increase with higher amounts. Sales or distribution involving minors or near schools carry enhanced punishment.<\/p>\r\n

Possession of marijuana paraphernalia is a class 2 misdemeanor with up to 30 days in jail and a fine of up to $500. Selling cannabis paraphernalia is a felony.<\/p>\r\n

South Dakota Medical Marijuana Laws<\/h2>\r\n

Patients and caregivers in the South Dakota Medical Cannabis Program (SDMCP) are the only South Dakota residents with the legal right to use cannabis and cannabis products for medical purposes. Patients can possess up to 3 ounces of cannabis, the equivalent in THC (tetrahydrocannabinol)<\/a>-infused products such as edibles and concentrates, or any combination that is below the limit.<\/p>\r\n

They also can cultivate and process up to two mature cannabis plants and two immature cannabis plants at their homes. All growing must be done in a locked enclosure.<\/p>\r\n

Despite the number of patients more than doubling<\/a> since the South Dakota Medical Cannabis Program (SDMCP)<\/a> began in 2022, some groups in the state still oppose these programs. One tried unsuccessfully to place a ballot measure to repeal<\/a> the program.<\/p>\r\n

There are several steps<\/a> involved in becoming a member of the SDMCP. The patient must first meet with a licensed South Dakota practitioner who is registered with the SDMCP. The physician can verify that the patient suffers from one or more of the qualifying conditions<\/a>:<\/p>\r\n