South Dakota Cannabis Laws

Is cannabis legal in South Dakota?

Medical program only – South Dakota’s medical cannabis program is not fully operational as of yet, and the rules and regulations need to be finalized. Adult use of cannabis is otherwise 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 01 July, 2021:

• Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis–Presumption rebuttable.
• Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Attorneys not subject to discipline for certain conduct.
• Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.
• Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
• Only medical patients are protected by the law. 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 there are many in South Dakota who would like to see cannabis fully legalized, there are many opposed to it as well.

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, including those characteristic of multiple sclerosis (MS).

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. 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 you with advice and guidance on whether medical marijuana is a good choice for you.

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

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

5. Receive your medical marijuana card – Once you’ve been 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 in order 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?

Patients may grow up to three (3) plants, or another amount if recommended by a physician. To be approved as a patient eligible for cultivation, you must have a certification from your physician that you are eligible 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 US 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
• US 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 fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing 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 beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application 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 card holders in South Dakota?

There are no specific laws requiring employers to accommodate medical cannabis use in South Dakota as of yet.

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 purchase cannabis. Only those with a legal license to sell cannabis can actually 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 any other such healthcare space is also illegal. Private members club 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 and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.