outline of the state of South Dakota with a cannabis leaf

Recreational and medical marijuana are both legal in South Dakota with both medical and recreational legalized in 2020. Read on to learn more about South Dakota's current marijuana laws.

Cannabis Products Legal to Purchase in California

What you need to know about South Dakota’s Marijuana Laws

  • Both recreational and medical marijuana are legal in the state of South Dakota for adults aged 21 and older - possession of marijuana for adults will officially become legal on July 1, 2021
  • South Dakota is home to XX of marijuana dispensaries located across the state
  • It will be legal to possess/transport up to one ounce of marijuana for adults aged 21 and older
  • It will be legal to cultivate up to three plants per person but no more than six plants per household, medical patients are not restricted on the number of plants they may cultivate
  • Adult use cannabis will be taxed at 15% while medical marijuana will not be taxed

South Dakota Recreational Marijuana Laws

Marijuana was legalized for use by adults over the age of 21 in November 2020 and retail sales should begin by late 2022. If you live in South Dakota or are visiting the state, you may carry up to one ounce of marijuana after July 1, 2021. Residents of South Dakota will also be allowed to cultivate three plants per person but no more than six plants per household. Sale of marijuana without a license is still illegal and anyone caught selling more than 14 grams of marijuana faces a felony charge.

With recreational marijuana new to South Dakota, dispensaries are applying for licenses and preparing for recreational sales to begin in 2021. PotAdvisor will continue to update our dispensary listings as new businesses open in the coming years.

South Dakota Medical Marijuana Laws

In 2020, voters in South Dakota also passed medical marijuana legislation. Medical marijuana may be prescribed for individuals suffering from a physician-certified debilitating condition. Medical patients will be allowed to possess up to three ounces of marijuana and may grow as many plants as they choose. Medical marijuana is expected to be available for purchase by July 1, 2021.

Medical marijuana qualifying conditions in South Dakota include cachexia, severe nausea, seizures, severe muscle spasms, among other debilitating medical conditions.

Medical Marijuana

Medical Marijuana

How to get your Medical Marijuana Card in South Dakota

Applications for a medical marijuana card must be submitted to the South Dakota Department of Health. Applications must include a recommendation from a certified physician. Patients may apply for cards while medical dispensaries prepare to open in July 2021.

Additional Marijuana Laws to be Aware of in South Dakota

  • Public use or consumption of marijuana is illegal in South Dakota. This includes sporting and music venues, state and national parks, campsites, bars, and restaurants
  • It is illegal to use marijuana in a vehicle for both drivers and passengers. Drivers in South Dakota could be charged with a DUI if they are found to be driving under the influence of marijuana
  • Possession of marijuana for adults remains illegal until July 1, 2021
motor vehicles & marijuana

Can you drive while high on marijuana in South Dakota?