South Dakota

Is Weed Legal in South Dakota?

Yes! South Dakota will became the first state to vote on both recreational and medical marijuana legalization at the same time in 2020, and both passed!. The two initiatives – Constitutional Amendment A and Initiated Measure 26 – work in tandem to create easier access to medical marijuana for wanting patients, protect those who use medical marijuana, and allow adults (21+) to legally purchase and possess up to one ounce of marijuana. 

Buying Marijuana in South Dakota

As of now, it is not possible to purchase marijuana even though it is legalized. 

Buying Marijuana at a Retail Location

Although marijuana is fully legalized, the market will take some time to set up. The government has until April 1, 2022, to award licenses. We will update this section as dispensaries are made operational.

Using a Marijuana Delivery Service

No marijuana delivery services are operational within South Dakota. We will update this section once new regulations surrounding delivery are created.

Store Hours

Until there are South Dakota dispensaries, there will be no store hours to note. We will keep this section updated as dispensaries are created.

Purchasing Restrictions

Adults over the age of 21 will be able to purchase up to one ounce of cannabis, and medical marijuana patients will be allowed to have up to 3 ounces.

Available Products

There are currently no marijuana products available. Like the other sections on this page, we will update this list once marijuana dispensaries are made operational in South Dakota.

Taxes on Marijuana in South Dakota

Taxes on Recreational Marijuana in South Dakota

Recreational cannabis will be taxed at a flat 15% once dispensaries are opened and will also have the state sales tax applied.

Taxes on Medical Marijuana in South Dakota

Medical marijuana patients will not be taxed for marijuana in South Dakota.

Possession

Adult-use consumers may carry up to 1 ounce of marijuana at a time, and MMJ users may have up to 3 ounces.

Using Marijuana in South Dakota

Cannabis must only be consumed in private and out of the view of the public.

Smoking on Federal Lands

It is illegal to possess or use any cannabis on federal land. Because marijuana is a Schedule I drug and federally illegal, being found with cannabis on federal land will result in charges according to federal law. So, if marijuana is legalized for South Dakota in November 2020, it will still be illegal to possess or use any marijuana in places such as the Badlands, Mount Rushmore, along the Missouri River, or on the Lewis & Clark National Historic Trail.

Medical Marijuana in South Dakota

Medical marijuana passed in November of 2020 in a historic vote. Regulations have yet to be made, but must be put in place by October 29, 2021 and MMJ cards issued by November 18, 2021. Qualifying conditions are considered "a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristics of multiple sclerosis."

How to Get a Medical Marijuana Card in South Dakota

There is currently no medical marijuana program from which you can obtain a medical marijuana card in South Dakota. This will hopefully change in November 2020, and we will update this section as medical marijuana programs are created.

Out of State Medical Cards

It is unknown at this time if out-of-state medical marijuana patients will be able to purchase marijuana in South Dakota. Stay tuned for more information!

How to Transport Marijuana in South Dakota

Transporting Marijuana in South Dakota

Those transporting marijuana in South Dakota must have the product locked in the glove box or out of reach of the driver. 

Driving While Under the Influence of Marijuana

No matter what state you’re in, it is illegal to drive while under the influence of marijuana. In South Dakota, an individuial may be found guilty of DUI so long as cannabis metabolites show in a drug test. Because marijuana can stay in your system for up to 1 month, it is possible to be charged a DUI weeks after smoking (actual impairment does not have to be part of the offense for someone to receive a DUI in South Dakota). If you are pulled over and refuse a drug test, the refusal may be used at your trial and may result in the suspension of your license.

Driving Across State Lines with Marijuana

As is true with the possession of marijuana on federal land, it is illegal to drive across state lines while in possession of it. Because marijuana is federally illegal, the interstate transportation of a Schedule I drug, regardless of state legality, is a punishable offense. 

Growing Marijuana in South Dakota

Adults over 21 may be able to grow up to 3 plants in their own homes. Those with medical marijuana cards will also be able to have 3 plants growing.

Resources

• https://www.southdakotamarijuana.org/the-initiatives
• https://www.mpp.org/states/south-dakota/
• https://www.aclu.org/report/report-war-marijuana-black-and-white?redirect=criminal-law-reform/war-marijuana-black-and-white-report
• https://norml.org/laws/south-dakota-penalties-2/
• https://norml.org/laws/drugged-driving/south-dakota-drugged-driving/
• https://www.nps.gov/state/sd/index.htm
• https://www.fool.com/investing/timeline-for-marijuana-legalization-in-the-united.aspx