South Dakota Cannabis Laws: Medical Marijuana, Legal History, and Recreational Restrictions
Updated October 11, 2026.
Medical cannabis is legal in South Dakota for qualifying registered patients, but recreational marijuana remains illegal. The state operates a regulated medical program with patient cards, approved home cultivation, and registered dispensaries. It has no legal adult-use retail market.
South Dakota’s history is unusual: voters approved both medical and recreational measures in 2020, but courts invalidated the recreational constitutional amendment. The separate medical measure survived. Voters subsequently rejected recreational legalization in 2022 and 2024.
South Dakota Cannabis Laws at a Glance
| Topic | Current Rule |
|---|---|
| Recreational marijuana | Illegal; no general adult-use possession allowance. |
| Medical cannabis | Legal through the Department of Health’s registered patient program. |
| Medical possession | Generally three ounces of cannabis, plus product quantities authorized by program rules. |
| Medical purchase limit | Three ounces of flower over a rolling 14-day period; applicable product limits also apply. |
| Medical home cultivation | Requires authorization; up to two flowering and two nonflowering plants. |
| Recreational home cultivation | Not permitted. |
| Standard patient card fee | $75; a reduced $20 fee is available for qualifying low-income applicants. |
| Visiting medical patients | A nonresident framework exists, with documentation and registration requirements. |
| Unauthorized possession | Criminal penalties apply, including felony classifications for larger quantities. |
Sources: Department of Health, statutory definitions, and the patient FAQ.
History of Cannabis Laws in South Dakota
Before 2020: Criminal Prohibition and Unsuccessful Reform Votes
Before the current medical program, South Dakota maintained criminal marijuana restrictions without a comprehensive patient dispensary system. Earlier medical marijuana ballot efforts in 2006 and 2010 failed.
Those votes preceded the successful 2020 campaign by several years. They illustrate that the present medical program resulted from a later change in voter support, rather than an uninterrupted history of legal patient access. The Secretary of State’s historical ballot-question compilation records the measures.
November 2020: Two Separate Cannabis Measures Pass
On November 3, 2020, voters approved Initiated Measure 26, which legalized medical cannabis, and Constitutional Amendment A, which addressed recreational legalization and related cannabis policy.
The measures were legally distinct. Initiated Measure 26 became the basis for South Dakota Codified Laws Chapter 34-20G and the Department of Health’s medical program. Amendment A faced a separate constitutional challenge. See the official medical program overview and the Supreme Court’s case announcement.
July–November 2021: Medical Cannabis Takes Effect
The medical cannabis law took effect July 1, 2021. The state developed administrative rules, a patient registry, business certification procedures, and a verification system.
On November 18, 2021, the Department of Health announced that the first state medical cannabis patient cards had been printed and issued. Legal effectiveness, patient registration, and dispensary availability were separate implementation steps. Sources: the program launch announcement and first-card announcement.
November 2021: Amendment A Is Invalidated
On November 24, 2021, the South Dakota Supreme Court upheld the invalidation of Amendment A. In a 4–1 decision, the court concluded that the amendment violated the state constitution’s single-subject requirement.
The ruling concerned how the constitutional amendment was submitted to voters. It did not invalidate the separate medical cannabis measure. Consequently, the 2020 recreational vote did not establish lasting adult-use legalization. See the judiciary’s official explanation.
2022: Recreational Legalization Is Rejected
Initiated Measure 27 offered voters another opportunity to legalize adult possession, use, and distribution. Voters rejected it in the November 8, 2022 election.
Because the measure failed, its proposed personal-use protections did not take effect. The medical program continued under its existing legal framework. See the Secretary of State’s official 2022 canvass.
2024: A Third Recreational Effort Fails
Initiated Measure 29 appeared on the November 5, 2024 ballot. It proposed legalizing recreational possession and related activities for adults, including a two-ounce allowance.
Voters rejected the measure. Its proposed two-ounce limit therefore must not be confused with a lawful recreational allowance. South Dakota remained a medical-only cannabis state. See the Secretary of State’s 2024 election returns.
2024–2026: Employment and Cannabinoid Rules Continue Evolving
In 2024, lawmakers revised medical cannabis employment provisions through Senate Bill 12, addressing safety-sensitive positions and employer drug-free workplace policies. Patient registration does not eliminate every employment consequence.
In 2026, Senate Bill 45 revised provisions concerning delta-8 THC, THC-O acetate, and hexahydrocannabinol involving people under 21. It became law July 1, 2026. This was a cannabinoid enforcement change, not recreational marijuana legalization. Sources: the 2024 enacted employment law and 2026 Attorney General announcement.
Who Qualifies for Medical Cannabis?
Patients need a qualifying debilitating medical condition and certification from an authorized practitioner. The statutory list includes conditions such as Crohn’s disease, epilepsy and seizures, PTSD, and specified cancer-related symptoms. Eligibility depends on the current statutory criteria, not simply a request to use cannabis.
The practitioner begins the certification process in the state registry. Patients then complete their applications with identification, a photograph, and the applicable fee. The Department of Health reviews applications and issues cards to approved patients.
The standard card costs $75. Qualifying low-income applicants can obtain a $20 card, and adding home cultivation costs another $20. See the patient application guidance and statutory definitions.
Medical Possession and Purchase Limits
Possession limits and purchase limits are related but distinct. The general medical allowance includes three ounces of cannabis and the cannabis-product quantities established by Department of Health rules.
The program tracks flower purchases over a rolling 14-day period. Each purchase reduces the available three-ounce allotment; that purchase amount becomes available again after 14 days. Buying from multiple dispensaries does not create a separate allowance at each location.
For example, a one-ounce purchase leaves two ounces available until earlier purchases age out of the tracking period. Concentrates, edibles, and other products must follow applicable program limits. See the official purchase-limit explanation.
Can Patients Grow Cannabis at Home?
Yes, with cultivation authorization. The current allowance is two flowering and two nonflowering plants. The statute also protects cannabis harvested from authorized plants when kept at the property where those plants were cultivated.
Growing is subject to security and program requirements. A standard patient card should not be treated as automatic cultivation permission, and unauthorized adults cannot use the medical allowance as a recreational growing right. See Section 34-20G-1 and the patient FAQ.
Visiting Patients and Authorized Purchases
South Dakota provides protections for qualifying nonresident medical cardholders. Its framework includes proof of authorization in the patient’s home jurisdiction, a practitioner’s statement, and procedures for nonresident registration and designated dispensaries.
Visitors should complete the applicable process and confirm purchasing requirements before assuming their home-state card alone is sufficient. Purchases outside the regulated medical system remain illegal. See Sections 34-20G-3 and 34-20G-72.
Penalties Outside the Medical Program
Unauthorized possession of two ounces or less of marijuana is a Class 1 misdemeanor. The maximum ordinary penalty for that class is one year in county jail, a $2,000 fine, or both.
Possessing more than two ounces but less than one-half pound is a Class 6 felony. Higher amounts carry increasingly serious felony classifications. The two-ounce misdemeanor threshold is not permission to possess marijuana recreationally.
Different rules may apply to cannabis concentrates, controlled substances, distribution, and other conduct. Sources: Section 22-42-6 and misdemeanor penalties.
Medical Cannabis Taxes
Medical cannabis retail sales are subject to sales tax. The current state sales tax rate is 4.2%, and applicable municipal sales taxes can add to the total.
Older guidance may still show the former 4.5% state rate. Readers should distinguish the continuing taxability of medical cannabis from a historical rate printed in an earlier publication. Sources: the Department of Revenue’s medical cannabis tax explanation and current sales-tax information.
Employment, Property Rules, and Driving
Medical cannabis law contains patient employment protections, but also allows important exceptions. Employers may enforce compliant drug-free workplace policies, and safety-sensitive jobs can involve adverse action based on positive cannabis tests.
Employers do not have to allow workplace cannabis possession or use, or permit employees to work under the influence. Federal obligations can also limit state protections. See the enacted employment provisions.
Property owners can restrict smoking or vaping, and landlords are not required to permit cultivation on rental property. A patient card also does not authorize impaired driving. Consult Chapter 34-20G for the limits on patient protections.
Understanding South Dakota’s Current Cannabis Laws
South Dakota’s medical program grew from a successful 2020 ballot measure and took effect in 2021. Recreational legalization followed a different path: a court-invalidated amendment and two subsequent voter rejections. Current legal access depends on complying with the medical program, including registration, purchasing limits, and any cultivation authorization.
This article provides general legal information, not individualized legal advice. Check the linked official sources for subsequent changes and guidance.