South Dakota has officially doubled the maximum amount of THC allowed in individual medical marijuana edible servings, increasing the limit from 50 milligrams to 100 milligrams under new regulations that took effect November 5.
The change, adopted by the South Dakota Department of Health, allows licensed manufacturers to produce higher-potency edible marijuana products for registered medical patients. The maximum THC content allowed in an edible package remains unchanged at 500 milligrams.
Under the revised Administrative Rule 44:90:07:04, marijuana manufacturers are now prohibited from producing edible products containing more than 100 milligrams of THC per serving, replacing the previous 50-milligram restriction. Tinctures, oils and capsules are excluded from this particular limit.
The increase is part of a broader regulatory package amending 35 sections of South Dakota’s medical marijuana rules. The changes were filed with the Secretary of State on October 16 and officially took effect November 5, according to the October 26 South Dakota Register.
During an October 14 meeting of the Legislature’s Interim Rules Review Committee, Senator Taffy Howard (R-SD) questioned the decision to increase the maximum THC concentration in edible marijuana products.
Whitney Brunner, representing the Department of Health’s Office of Medical Cannabis, explained that the increase was intended to resolve an inconsistency between existing regulations and align the manufacturing requirements with industry standards.
According to the committee’s official minutes, Brunner said the revision addressed a conflict with another regulation that already recognized the higher amount.
South Dakota’s edible packaging regulations previously allowed up to 100 milligrams of THC per serving under certain packaging requirements, despite the separate manufacturing rule restricting producers to 50 milligrams. The newly adopted amendment brings the manufacturing limit into alignment with that existing provision.
For patients, the change expands the range of edible potencies that licensed manufacturers can legally offer. While the maximum amount of THC per package remains 500 milligrams, manufacturers can now produce individual servings containing twice as much THC as previously permitted.
The updated regulations also maintain requirements for child-resistant packaging and clear serving-size labeling, including requirements that allow patients to identify the amount of THC contained in individual portions.
The amendment was approved as part of a larger effort to modernize the state’s medical marijuana regulatory framework. Other changes address product testing, business operations, security requirements, registration procedures and enforcement penalties.
South Dakota voters legalized medical marijuana through Initiated Measure 26 in November 2020, with the state’s regulated program beginning operations in 2021. Recreational marijuana remains illegal under state law.
