Is Marijuana Legal in South Dakota?

Medical marijuana is legal in South Dakota for a limited number of qualifying conditions. South Dakota voters approved medicinal cannabis in November 2020, and medical dispensaries finally opened around the state in July 2022.

Recreational cannabis, however, is illegal in South Dakota and is taken very seriously by law enforcement, despite recreational cannabis use having previously passed among voters in the state in 2020.

Medical Marijuana Laws in South Dakota

Patients with a qualifying condition or qualifying symptoms can get their medical certification by meeting a doctor in person. Once certified, patients can purchase cannabis products from licensed dispensaries around South Dakota.

Medical patients can buy up to 3 ounces of cannabis every 14 days. There are no major limits on the kinds of cannabis allowed under South Dakota’s medical program, unlike some other medical-only states, which have banned cannabis flower or edibles.

Recreational cannabis is not legal in South Dakota. Voters approved a ballot measure legalizing recreational cannabis in 2020, at the same time that they endorsed medical marijuana legalization.

Unfortunately, the measure was not implemented, as Governor Kristi Noem began a lengthy legal battle, taking the measure to task on the grounds of being unconstitutional. The same viewpoint was ultimately shared by the South Dakota Supreme Court, which officially struck down the bill in 2021.

Being caught with 2 ounces or less of cannabis is considered a misdemeanor and can lead to one year in prison and a maximum fine of $2,000. Being caught with over 2 ounces of cannabis is a felony, with prison sentences and fines increasing heavily.

CBD and Delta-8 Laws in South Dakota

CBD is legal in South Dakota if it contains less than 0.3% THC. Delta-8 and other synthetic cannabinoids are legal and regulated in South Dakota. While you can find delta-8 products in places like smoke shops around the state, you must be at least 21 to buy such products.

What to Know About About Medical Cannabis in South Dakota

While the medical use of cannabis is legal in South Dakota, the state has certain rules and regulations in place for medical marijuana patients.

Only Certain Conditions Are Allowed

When medical cannabis was first implemented in South Dakota, eligibility was incredibly limited. At the time, the only people who could become registered cardholders were individuals with chronic or otherwise debilitating conditions that resulted in:

• Cachexia or wasting syndrome
• Chronic pain
• Seizures
• Severe nausea
• Muscle spasms

While the symptoms mentioned above are still valid causes for a South Dakota doctor to certify a patient for medical cannabis, the list of qualifying conditions has expanded. Doctors can now recognize several additional conditions as valid cause for receiving a med card.

These conditions include:

• AIDS/HIV
• Amyotrophic lateral sclerosis (ALS)
• Cancer or cancer treatment if associated with symptoms mentioned above
• Crohn’s disease
• Epilepsy 
• PTSD

Telemedicine Is Not Allowed

Unfortunately, you cannot get certified for medical cannabis using telehealth services in South Dakota. This means that you will have to find a doctor in person for the possibility of obtaining your med card.

South Dakota Does Not Accept Out-Of-State Medical Cards

Unfortunately, South Dakota does not accept out-of-state medical cards. This means you must be enrolled in the state’s medical marijuana program to purchase cannabis products from a licensed dispensary.

Many other states, however, do have a form of medical cannabis reciprocity. The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Alaska ^
• Arkansas *
• California ^
• Colorado ^
• Connecticut ^
• Delaware ^
• Guam
• Hawaii *
• Illinois ^
• Maine
• Maryland ^ (as of July 2023)
• Massachusetts
• Michigan (qualifying state must also have reciprocity with Michigan)
• Missouri ^
• Montana
• Nevada
• New Hampshire
• New Jersey *
• New Mexico * (recreational cannabis is legal in NM)
• New York ^
• Oklahoma *
• Oregon ^
• Pennsylvania (minors only)
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah (max. 45 days, after which the patient must apply for a Utah MMJ card)
• Vermont ^
• Virginia ^
• Washington ^
• Washington D.C.

States marked with * require visitors to complete a visiting patient application for the duration of their stay. States marked with ^ have adult use programs but do not accept out-of-state cards.

Can You Grow Cannabis In South Dakota?

Yes, medical cannabis patients can grow cannabis in South Dakota. Patients can have up to four plants, two of which can be mature.

The Bottom Line

Medical cannabis is now legal in South Dakota. Recreational marijuana use remains against the law and can lead to severe punishments. Semi-synthetic cannabis products like THC-O and delta-8 are currently legal for individuals over 21.

Unfortunately, South Dakotans cannot receive their med cards online through Leafwell. Individuals potentially eligible for a medical marijuana card should speak with a doctor in person to learn about their potential options.