South Dakota Cannabis Laws

Is cannabis legal in South Dakota?

South Dakota has a medical marijuana program, but recreational marijuana is illegal.

What are the medical marijuana laws in South Dakota?

Medical cannabis laws in South Dakota

Initiated Measure 26 became South Dakota Codified Law (SDCL) 34-20G.

As of July 2021:

• Cardholders are not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Nonresident cardholders are not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• The presumption that the qualifying patient or designated caregiver is engaged in the medical use of cannabis–Presumption rebuttable.
• Practitioners are not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Attorneys are not subject to discipline for certain conduct.
• Persons are not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Dispensaries and agents are not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Cultivation facilities and agents are not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Cannabis product manufacturing facilities and agents are not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Testing facilities and agents are not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• The law protects only medical patients. Recreational cannabis/marijuana is not legal as of yet in South Dakota.

If you want to read the rules in more detail, keep up-to-date with the current laws, see what stage the program has reached, and/or contact the state about its rules and regulations, check out the following link:

• Medical Cannabis in South Dakota

Recreational cannabis laws in South Dakota

Recreational or adult-use cannabis is not currently legal in South Dakota. Although many in South Dakota want to see cannabis fully legalized, many oppose it.

What medical conditions qualify for a Medical Marijuana Card in South Dakota?

The South Dakota law lists the following medical conditions as qualifiers for a medical cannabis card:

• A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
  • Cachexia or wasting syndrome (e.g., HIV/AIDS);
  • Severe, debilitating pain;
  • Severe nausea (e.g., cancer/chemotherapy);
  • Seizures (e.g., epilepsy);
  • Severe and persistent muscle spasms include those associated with multiple sclerosis (M.S.).

How do I get certified for medical cannabis in South Dakota?

We don’t know the exact process of the South Dakota state program, but we can tell you how the Leafwell telemedicine process will go! In the meantime, here’s how it will likely go:

1. Register online with Leafwell – You can speak to a doctor and qualify for a South Dakota medical marijuana card online. The cost of the online consultation is yet to be established, and you are only billed if approved.

2. Attend your appointment and discuss with your physician why you would like an MMJ Card – The doctor will ask you questions based on your medical history and provide advice and guidance on whether medical marijuana is a good choice.

3. Receive your certificate from Leafwell – This certificate says that your doctor recommends you become a cannabis patient under the state’s current laws. This certificate is required to apply for your MMJ Card.

4. Final steps to be clarified by the South Dakota government – As and when more details are released, we’ll provide you with more information here. The South Dakota Medical Cannabis Program is operational.

5. Receive your medical marijuana card – Once approved, you’ll receive a medical card and can legally purchase up to 3 oz of medical marijuana in South Dakota.

You must be 18 years old or over to apply for a medical cannabis card and undergo an evaluation for certification for yourself in South Dakota. Those under this age will need a caregiver who also needs to apply. Step-by-step instructions for applications can be found here.

Is telemedicine allowed for medical cannabis consultations in South Dakota?

South Dakota does not currently allow for online medical cannabis consultations via telehealth/telemedicine.

How much cannabis can I possess in South Dakota with an MMJ Card?

Qualifying patients may possess up to 3 ounces of cannabis flower or its equivalent.

Is it legal to grow cannabis in South Dakota?

If a physician recommends, patients may grow up to three (3) plants or another amount. To be approved as a patient eligible for cultivation, you must have a certification from your physician that you are qualified to cultivate medical cannabis. In addition, you will need to apply to the Department of Health when that process is available. The Department of Health will establish and implement rules related to this process by October 29, 2021.

Does South Dakota accept out-of-state cards?

South Dakota does not have medical marijuana reciprocity and so does not recognize out-of-state medical marijuana cards.

Will my South Dakota card be accepted in other states?

A South Dakota medical marijuana card is valid in some U.S. states with medical marijuana reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• Utah
• U.S. Virgin Islands
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is acceptable) – just that the state’s medical marijuana laws protect you to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and intend to purchase medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also accountable to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing visiting patients to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis cardholders in South Dakota?

No specific laws require employers to accommodate medical cannabis use in South Dakota.

What are the medical cannabis product testing requirements in South Dakota?

Cannabis in South Dakota must be tested for potency (i.e., THC and CBD content), pesticides, mold, and other contaminants. More details will become available as the program begins to establish itself.

Where is it safe to purchase cannabis in South Dakota?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy or another legally designated space to buy cannabis. Only those with a legal license to sell cannabis can do so.

Where is it safe to consume marijuana in South Dakota?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks, or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals, or other such healthcare space is also unlawful. Private members’ clubs and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense, keep consumption out of public view, and utilize discreet consumption methods wherever possible.