Only for medical use. South Dakota has a medical cannabis program approved by voters in 2020, but recreational marijuana is illegal, and possessing 2 ounces or less without a medical card is a Class 1 misdemeanor punishable by up to 1 year in jail and a $2,000 fine. Registered patients may possess up to 3 ounces, and no legalization measure is on the November 2026 ballot. That is the law as of October 2026.
This guide is for South Dakota residents, patients and visitors, including drivers passing through from Minnesota or Montana. It covers the penalties, the medical program, rules for out-of-state patients, driving and hemp. It is general information, not legal advice.
South Dakota Cannabis Laws at a Glance
| Topic | The rule in South Dakota | Source |
|---|---|---|
| Legal status | Medical only, for registered cardholders; recreational use illegal | SDCL 22-42-6; SDCL 34-20G |
| Possession, 2 oz or less | Class 1 misdemeanor: up to 1 year in jail, $2,000 fine, or both | SDCL 22-42-6; SDCL 22-6-2 |
| Possession, more than 2 oz | Felony, rising from Class 6 (up to 2 years) to Class 3 above 10 pounds | SDCL 22-42-6 |
| Having THC in your body | Ingesting a substance to become intoxicated is a Class 1 misdemeanor | SDCL 22-42-15 |
| Medical possession limit | 3 ounces of cannabis plus product amounts set by rule | SDCL 34-20G-1 |
| Home grow | Cardholders approved for cultivation only: 2 flowering and 2 non-flowering plants | SDCL 34-20G-1 |
| Card fee | $75, or $20 for low-income patients; $20 cultivation add-on | SD Department of Health |
| Out-of-state patients | Must register with the state; protected for up to 3 ounces | SDCL 34-20G-3 |
| Driving | DUI if under the influence of marijuana; no THC blood limit | SDCL 32-23-1 |
| Regulator | South Dakota Department of Health, Medical Cannabis Program | doh.sd.gov |
Is Marijuana Legal in South Dakota?
Only for registered medical patients. South Dakota voters approved Initiated Measure 26, legalizing marijuana for medical use, by 291,754 to 125,488 in November 2020, according to the Secretary of State’s ballot history. The program, codified in SDCL chapter 34-20G, took effect July 1, 2021.
Recreational legalization has a more complicated record. The same 2020 ballot carried Amendment A, a constitutional amendment to legalize and tax marijuana, which passed 225,260 to 190,477 but is not in force today. Voters then rejected adult-use measures twice: Initiated Measure 27 failed 163,584 to 183,879 in 2022, and Initiated Measure 29 failed 189,916 to 237,228 in 2024. The four statewide questions on the November 2026 ballot do not include cannabis.
In April 2026 the Justice Department moved marijuana held under a state medical marijuana license to federal Schedule III. Adult-use and unlicensed marijuana stay in Schedule I. See our federal marijuana law guide.
Marijuana Possession Penalties in South Dakota
Under SDCL 22-42-6, with maximum sentences from SDCL 22-6-1 and 22-6-2:
- 2 ounces or less: Class 1 misdemeanor, up to 1 year in county jail, a $2,000 fine, or both.
- More than 2 ounces but less than half a pound: Class 6 felony, up to 2 years in prison, a $4,000 fine, or both.
- Half a pound to less than 1 pound: Class 5 felony, up to 5 years and $10,000.
- 1 to 10 pounds: Class 4 felony, up to 10 years and $20,000.
- More than 10 pounds: Class 3 felony.
A court may add a civil penalty of up to $10,000 on top of any criminal sentence.
The ingestion law
South Dakota also punishes having used a drug. SDCL 22-42-15 makes it a Class 1 misdemeanor to ingest, inhale or otherwise take any substance other than alcohol into the body to become intoxicated, unless a practitioner prescribed it. Venue lies where the substance was used or where it was detected in the body, so a visitor who used cannabis legally in another state can face a charge in South Dakota after a positive test.
South Dakota’s Medical Cannabis Program
Who qualifies
Under SDCL 34-20G-1, qualifying conditions include a chronic or debilitating disease or its treatment that causes cachexia or wasting, severe debilitating pain, severe nausea (not related to pregnancy), seizures or severe and persistent muscle spasms; AIDS or HIV; ALS; multiple sclerosis; cancer with severe pain, nausea, vomiting or wasting; Crohn’s disease; epilepsy and seizures; and post-traumatic stress disorder.
Cards and fees
The Department of Health charges $75 for a standard card and $20 for patients with household income below 130% of the federal poverty level, plus $20 to add home cultivation. Cards must be renewed every year. Caregivers must be 21 or older and may assist up to five patients. As of September 2026 the program had 20,040 registered patients, 631 caregivers and 212 practitioners, the department reports.
Possession and home growing
The allowable amount is 3 ounces of cannabis, plus cannabis products in quantities set by department rule. Patients approved for home cultivation may also keep 2 flowering and 2 non-flowering plants. Landlords are not required to allow cultivation or smoking, and consuming cannabis on the property of a licensed cannabis establishment is prohibited.
Out-of-state patients
South Dakota protects a “nonresident cardholder” who holds a valid medical card from another state and has registered with the Department of Health and received confirmation, under SDCL 34-20G-1. Nonresidents, and people who have lived in South Dakota fewer than 45 days, may transport, buy, possess and use up to 3 ounces of cannabis and the product amounts set by rule under SDCL 34-20G-3. Nonresidents may not grow.
Driving and Cannabis in South Dakota
Under SDCL 32-23-1, no one may drive or be in actual physical control of a vehicle while under the influence of marijuana or any controlled substance not obtained by prescription, or while under the influence of a substance taken in violation of the ingestion law. The statute sets no THC blood limit, so charges rest on evidence of being under the influence.
Hemp, CBD and Delta-8 in South Dakota
South Dakota defines hemp and industrial hemp products by a limit of 0.3% total delta-9 THC on a dry weight basis under SDCL 38-35-1, and SDCL 38-35-21 prohibits industrial hemp for smoking. A 2026 law (Session Laws 2026, chapter 167) rewrites the hemp chapter effective January 1, 2027, and excludes products containing delta-8 THC, delta-10 THC, THC-O, HHC and THCP from the definition of an industrial hemp product.
Federal limits arrive sooner: a November 2025 law caps hemp products at 0.4 milligrams of total THC per container and excludes converted cannabinoids, effective November 12, 2026 for cannabinoids the plant cannot naturally produce, such as THC-O, and December 11, 2026 for everything else, including delta-8.
What Changed in South Dakota Cannabis Law Recently
- 2026 ballot: No marijuana measure qualified; the four statewide questions are Letters I through L.
- Hemp rewrite (2026): Session Laws 2026, chapter 167 takes effect January 1, 2027.
- IM 29 (2024): Voters rejected adult-use legalization 189,916 to 237,228.
- Federal rescheduling (2026): State-licensed medical marijuana moved to Schedule III in April 2026.
South Dakota Marijuana Laws FAQ
Is weed legal in South Dakota?
Only for registered medical cannabis patients. Recreational possession of 2 ounces or less is a Class 1 misdemeanor with up to 1 year in jail and a $2,000 fine under SDCL 22-42-6.
How much can medical patients possess in South Dakota?
Up to 3 ounces of cannabis plus product amounts set by Department of Health rules. Patients approved for home cultivation may also grow 2 flowering and 2 non-flowering plants.
Can out-of-state medical patients buy in South Dakota?
Yes, after registering with the Department of Health. A nonresident with a valid medical card from another state may buy and possess up to 3 ounces, but may not grow.
Can you get in trouble for THC in your system in South Dakota?
Yes. SDCL 22-42-15 makes ingesting a substance to become intoxicated a Class 1 misdemeanor, and it can be charged where the substance is detected.
Did South Dakota legalize recreational marijuana?
No. Amendment A passed in 2020 but is not in force, and voters rejected adult-use measures in 2022 and 2024. No legalization measure is on the 2026 ballot.
Is delta-8 legal in South Dakota?
Starting January 1, 2027, a 2026 state law excludes products containing delta-8 from the definition of industrial hemp products, and federal law excludes converted cannabinoids such as delta-8 from December 11, 2026.
Can you grow marijuana in South Dakota?
Only registered patients approved for home cultivation, limited to 2 flowering and 2 non-flowering plants.
More Cannabis Law Guides
See every state on our cannabis laws by state page and the latest on rescheduling in our federal marijuana law guide. Neighboring states are covered in the North Dakota, Minnesota, Iowa and Wyoming guides.
Neighboring state guides: North Dakota · Minnesota · Iowa · Nebraska · Wyoming · Montana · All state cannabis laws
General information about South Dakota cannabis law as of October 2026, not legal advice.