No. Unfortunately, recreational and medical marijuana are both still outlawed in South Dakota, which is one of only 17 states that have yet to legalize medical marijuana. Not only is the use of any cannabis illegal, but South Dakota also ranks as one of the nation’s worst states for possession and has unacceptable racially skewed marijuana-related arrest rates. A lot needs to change in South Dakota concerning marijuana and the systems that enforce current laws and regulations.
However, there is a lot of hope for legalization in the near future. In November 2020, South Dakota will become the first state to vote on both recreational and medical marijuana legalization at the same time. 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. Stay tuned - and for those in South Dakota - VOTE!
It is illegal to buy marijuana in South Dakota. In November 2020, two initiatives will be voted on that could quickly change the status of marijuana in South Dakota. If Initiated Measure 26 passes, then medical marijuana will be legalized and medical dispensaries will eventually be created. If Constitutional Amendment A passes, both medicinal and recreational dispensaries will eventually come to South Dakota. We will update this section in November once the results are in.
Retail locations for purchasing marijuana won’t be available in South Dakota until the state votes in favor of legalization. We will update this section as South Dakota marijuana policies change and dispensaries are made operational.
No marijuana delivery services are operational within South Dakota. This may change once marijuana is legalized, but the foundational laws regarding cannabis must first be altered. We will update this section once marijuana is legalized and new regulations surrounding delivery are created.
Until there are South Dakota dispensaries, there will be no store hours to note. We will keep this section updated as laws change and dispensaries are created.
Currently, all forms of marijuana sales are restricted. Hopefully, these restrictions will change with favorable votes in November. Stay tuned!
There are currently no marijuana products available. Like the other sections on this page, we will update this list once marijuana (medical and/or recreational) is legalized and dispensaries are made operational in South Dakota.
Until recreational marijuana is legalized, there are no relevant taxes to address. We will keep this section up to date as laws change and the tax code is updated to reflect marijuana’s inevitable legalization.
Until medical marijuana is legalized, there are no relevant taxes to address. Because recreational and medical marijuana are both on the ballot in November 2020, we can remain hopeful that medical marijuana legalization will at least be passed. If medical marijuana is legalized, we will update this section to reflect its taxation.
South Dakota has some of the harshest possession laws in the nation. If you are caught possessing marijuana (and especially if you’re caught with the intent to sell), it may result in severe fines, extended jail time, and permanent marks on your record. Below are South Dakota’s current penalties for the possession and sale of marijuana:
Possession for Personal Use:
Possession with Intent to Sell:
If you are caught with hash or concentrates, no matter the amount, it is charged as a felony with up to 10 years in jail and a max fine of $20,000. For the possession of paraphernalia (which includes small items such as a hand pipe), it is charged as a misdemeanor with up to 1 month in jail and a max fine of $2,000. Additionally, even if you’re caught simply living in a room where marijuana is being stored, you may face a misdemeanor with up to 1 year in jail and a max fine of $2,000.
Compared to most every other state, the fines, jail time, and charges are incredibly severe in South Dakota – hopefully, this will change as new laws and regulations are put to a vote in November 2020.
Because marijuana is fully illegal in South Dakota, there is nowhere within the state that allows the use of cannabis. Its use or possession, if discovered, may result in the above jail times, fines, and charges. Do note that, if you use or sell marijuana within 1,000 feet of a school, there is a minimum sentence of 5 years in jail and a max fine of $10,000.
We will continue to keep this section up to date as laws change (hopefully there will be new updates after the November 2020 election).
Smoking on Federal Lands
Even if South Dakota legalizes medical and/or the recreational use of marijuana, it will still be 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
There are only 17 states in the U.S. that do not have some form of medical marijuana program. The most recent additions to the growing list of states with legalized medical marijuana are Oklahoma, West Virginia, Pennsylvania, Ohio, and North Dakota. There is a growing precedent for midwestern states to legalize medical marijuana, so South Dakota is hopefully not too far behind its northern sister state.
In November 2020, two marijuana initiatives will be voted on in South Dakota: Initiated Measure 26 and Constitutional Amendment A. Two groups, South Dakotans for Better Marijuana Laws and New Approach South Dakota, are working together to promote these initiatives and get them passed so that South Dakota marijuana laws can more appropriately support a changing culture and the needs of individuals that would benefit from the medicinal application of cannabis.
If you live in South Dakota and want to change the state’s medical cannabis laws, register to vote and make sure your ballot is cast come November. Current regulation can change, but enough people have to support the initiates. We will continue to update this section as November’s results are turned into law.
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
Marijuana is strictly illegal in South Dakota, which means that out of state medical cards do not have any merit within state borders. If you possess an out of state medical card, you will still be subject to the same laws as any other individual within South Dakota – you may not legally purchase, use, or possess any form of marijuana while in the state.
How to Transport Marijuana in South Dakota
Transporting Marijuana in South Dakota
Because medical and recreational marijuana is currently illegal in South Dakota, there is no legal way to transport cannabis in-state. If you are caught with marijuana in your possession, even if you’re simply passing through the state, you may be subject to the possession penalties listed in the “possession” section above. Stay tuned for updated information once legislation passes!
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 induvial 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, even if South Dakota legalizes cannabis, it will be technically 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. However, since it is currently illegal in South Dakota, it is especially dangerous to drive across state lines while in possession of marijuana.
Growing Marijuana in South Dakota
As with every other aspect of cannabis in South Dakota, it is illegal to grow marijuana within the state. This may change as upcoming initiates are voted on in November 2020. Along with the rest of the page, we will update this section to reflect new laws and regulations as they are passed.
If you are a South Dakota citizen and want the ability to legally purchase and use marijuana (medical and/or recreational), it’s up to you to get out and vote in November 2020. If you vote yes to Constitutional Amendment A and Initiated Measure 26, changes to marijuana law in South Dakota are much more likely to become a reality.