Recreational marijuana remains illegal in South Dakota, but medical marijuana is legal for registered patients with qualifying conditions. Patients may purchase marijuana from licensed dispensaries, possess up to 3 ounces and, with specific authorization, cultivate a limited number of plants at home.
This page covers South Dakota marijuana possession laws, penalties, medical marijuana, dispensaries, home cultivation, taxes, public consumption and impaired driving. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
South Dakota Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Recreational possession | Illegal |
| Possession of 2 ounces or less | Class 1 misdemeanor |
| Recreational sales | Illegal |
| Recreational home cultivation | Illegal |
| Medical marijuana | Legal for registered patients |
| Medical possession limit | Up to 3 ounces or equivalent |
| Medical purchase limit | Up to 3 ounces or equivalent in a 14-day period |
| Medical home cultivation | Up to 2 flowering and 2 nonflowering plants with cultivation authorization |
| Medical marijuana sales | Legal through registered dispensaries |
| Medical marijuana tax | Subject to state and applicable local sales taxes |
| Public smoking or vaping | Prohibited |
| Home delivery | Not allowed for retail sales |
| Driving while impaired | Illegal |
Is Marijuana Legal in South Dakota?
Marijuana is legal in South Dakota for medical use by registered qualifying patients, but recreational marijuana remains illegal.
South Dakota voters approved Initiated Measure 26 in November 2020, creating the state’s medical marijuana program. The measure took effect in 2021, and licensed dispensaries now operate throughout the state.
Voters also approved Constitutional Amendment A in 2020 to legalize recreational marijuana. However, the South Dakota Supreme Court struck down the amendment in 2021, meaning recreational marijuana never became legally available under the measure.
As of September 2026, adults without medical authorization can still face criminal penalties for marijuana possession.
How Much Recreational Marijuana Can You Possess in South Dakota?
There is no legal recreational possession limit because marijuana remains illegal for nonmedical use.
South Dakota law makes possession of 2 ounces or less of marijuana a Class 1 misdemeanor.
Possessing larger amounts can result in felony charges.
Registered medical marijuana patients are exempt from those criminal prohibitions when they possess marijuana in accordance with the state’s medical marijuana law.
What Are the Penalties for Marijuana Possession in South Dakota?
South Dakota’s marijuana possession penalties increase substantially as the amount increases.
Possession penalties include:
- 2 ounces or less: Class 1 misdemeanor
- More than 2 ounces but less than one-half pound: Class 6 felony
- One-half pound but less than 1 pound: Class 5 felony
- 1 pound to 10 pounds: Class 4 felony
- More than 10 pounds: Class 3 felony
A Class 1 misdemeanor is punishable by up to one year in county jail, a fine of up to $2,000, or both.
A Class 6 felony carries up to two years in a state correctional facility, a fine of up to $4,000, or both. A Class 5 felony carries up to five years and a $10,000 fine, while a Class 4 felony carries up to 10 years and a $20,000 fine.
A Class 3 felony is punishable by up to 15 years in prison and a fine of up to $30,000.
South Dakota law also allows a civil penalty of up to $10,000 in addition to criminal penalties for a marijuana possession conviction.
Can You Buy Recreational Marijuana in South Dakota?
No. South Dakota does not have a legal recreational marijuana market.
There are no licensed adult-use marijuana stores, and marijuana cannot legally be purchased for recreational purposes.
The state’s licensed dispensaries may sell marijuana only to qualifying medical marijuana cardholders and properly registered nonresident patients.
Is Medical Marijuana Legal in South Dakota?
Yes. South Dakota voters legalized medical marijuana through Initiated Measure 26 in November 2020.
The South Dakota Department of Health administers the state’s Medical Cannabis Program.
Registered qualifying patients receive significant protections that recreational consumers do not. A patient who complies with the medical marijuana law may legally possess and use marijuana, purchase products from licensed dispensaries and, if approved for cultivation, grow marijuana plants at home.
State law generally protects compliant cardholders from arrest, prosecution or other penalties based solely on their authorized medical use of marijuana.
How Much Marijuana Can Medical Patients Possess in South Dakota?
A registered medical marijuana patient may possess up to 3 ounces of marijuana.
South Dakota also establishes equivalent limits for marijuana products.
Under current regulations, amounts equivalent to 1 ounce of marijuana include:
- 8 grams of concentrated marijuana intended for smoking
- 8 grams of vaporizer products
- 8,000 milligrams of THC in oils, tinctures, capsules or oral dosage syringes
- 2,000 milligrams of THC in edibles
- 12 fluid ounces of topical ointments, creams or lotions
- 16 ounces of topical dried plant material or powder
- 800 milligrams of THC in transdermal patches
A patient’s marijuana flower, concentrates and other products are combined when determining whether the 3-ounce-equivalent possession limit has been exceeded.
How Much Marijuana Can Medical Patients Buy in South Dakota?
A licensed dispensary may provide a registered patient or qualifying nonresident patient with no more than 3 ounces of marijuana or its equivalent during any 14-day period.
The purchase limit applies collectively to purchases made directly by the patient and purchases made by a designated caregiver on the patient’s behalf.
South Dakota’s statewide tracking system is used to verify that a patient has not exceeded the allowable amount during the applicable 14-day period.
What Conditions Qualify for Medical Marijuana in South Dakota?
South Dakota law defines several conditions and symptoms that can qualify a patient for medical marijuana.
Qualifying conditions include:
- AIDS or HIV-positive status
- Amyotrophic lateral sclerosis
- Multiple sclerosis
- Crohn’s disease
- Epilepsy and seizures
- Post-traumatic stress disorder
- Cancer or cancer treatment when associated with severe or chronic pain, severe nausea or vomiting, cachexia or severe wasting
A chronic or debilitating disease, medical condition or treatment can also qualify when it produces one or more of the following:
- Cachexia or wasting syndrome
- Severe, debilitating pain
- Severe nausea, excluding nausea associated with pregnancy
- Seizures
- Severe and persistent muscle spasms
A registered practitioner must certify that the patient meets the requirements of South Dakota’s medical marijuana program.
Can Medical Marijuana Patients Grow Marijuana at Home in South Dakota?
Yes, but only patients or caregivers specifically authorized to cultivate marijuana may do so.
A cardholder whose registry identification card includes cultivation authorization may grow up to:
- Two flowering marijuana plants
- Two nonflowering marijuana plants
The patient may also possess the marijuana and marijuana products produced by those authorized plants if they remain at the same property where the plants were cultivated.
Plants must be kept in an enclosed, locked facility.
Patients seeking cultivation authorization must submit information about the cultivation area to the Department of Health and pay the required additional fee.
Age-restricted cardholders cannot personally cultivate marijuana but may generally designate an eligible caregiver to cultivate on their behalf.
Can Recreational Users Grow Marijuana at Home in South Dakota?
No. Recreational home cultivation is illegal.
Only qualifying medical marijuana patients or designated caregivers who have been specifically authorized to cultivate under the state’s Medical Cannabis Program may legally grow marijuana.
Growing marijuana without medical authorization can expose a person to criminal charges.
Is Medical Marijuana Delivery Legal in South Dakota?
Retail home delivery is not allowed under South Dakota’s current medical marijuana regulations.
State regulations provide that marijuana and marijuana product sales must take place at a certified medical marijuana dispensary and in view of the dispensary’s security cameras.
Patients may make certain online purchases through dispensary websites or mobile applications after satisfying state verification requirements, but the actual sale must take place at the licensed dispensary.
A registered caregiver may obtain medical marijuana from a dispensary on behalf of an eligible patient.
Is Medical Marijuana Taxed in South Dakota?
Yes. Medical marijuana is subject to South Dakota sales tax.
The state’s general sales tax rate is currently 4.2%.
Applicable municipal sales taxes can also apply. South Dakota municipalities may impose general municipal sales taxes of up to 2%, meaning the actual tax rate paid by a medical marijuana patient can vary depending on where the dispensary is located.
Unlike some states, South Dakota does not provide a general retail sales-tax exemption for purchases simply because they are medical marijuana.
Can You Use Marijuana in Public in South Dakota?
Recreational marijuana use is illegal because recreational possession remains prohibited.
Registered medical marijuana patients also face restrictions on where they may use marijuana.
South Dakota’s medical marijuana law specifically prohibits smoking or vaping marijuana:
- On public transportation
- In a public place
- In any place open to the public
Smoking or vaping marijuana is also prohibited for medical marijuana cardholders under 21.
Property owners are not required to allow marijuana smoking or vaping on their property, and landlords may impose reasonable restrictions on medical marijuana use.
Can You Give Marijuana to Another Person in South Dakota?
Recreational marijuana gifting is not generally legal.
Distribution or possession with intent to distribute less than one-half ounce of marijuana without receiving anything in return is a Class 1 misdemeanor.
Other distribution offenses can be felonies.
The medical marijuana law does provide limited protections for qualifying transfers within the regulated medical system. For example, a person may provide marijuana without compensation to another cardholder for a qualifying patient’s medical use as long as the transfer does not cause the recipient to possess more than the legal limit.
What Are the Penalties for Selling or Distributing Marijuana in South Dakota?
South Dakota imposes substantially more serious penalties for marijuana distribution than for simple possession.
Distributing, or possessing with intent to distribute, less than one-half ounce without receiving payment or anything else of value is a Class 1 misdemeanor.
Otherwise:
- 1 ounce or less: Class 6 felony
- More than 1 ounce but less than one-half pound: Class 5 felony
- One-half pound but less than 1 pound: Class 4 felony
- 1 pound or more: Class 3 felony
Felony marijuana distribution convictions also carry mandatory minimum jail or prison sentences under state law.
Licensed medical marijuana businesses operating within South Dakota’s regulated system are subject to separate rules.
Does South Dakota Recognize Out-of-State Medical Marijuana Cards?
An out-of-state medical marijuana card does not by itself provide full access to South Dakota’s medical marijuana program.
However, South Dakota allows qualifying nonresidents to apply for a nonresident medical marijuana registration.
A qualifying nonresident generally must provide documentation of their medical marijuana authorization and practitioner certification from their home jurisdiction and meet South Dakota’s requirements.
Once approved, a nonresident receives a South Dakota registry identification number. Under current regulations, that registration may be designated for use at no more than two South Dakota dispensaries.
Registered nonresident patients may possess up to 3 ounces of marijuana or the equivalent amount of marijuana products.
Is Driving While High Illegal in South Dakota?
Yes. Driving while under the influence of marijuana is illegal in South Dakota.
The medical marijuana law does not authorize a cardholder to operate or be in actual physical control of a motor vehicle while under the influence of marijuana.
South Dakota also specifically prohibits a driver from smoking or consuming marijuana or marijuana concentrate while a vehicle is being operated on a public highway or highway right-of-way.
Passengers are prohibited from smoking marijuana while a vehicle is being operated on a public highway.
Medical marijuana status does not provide a defense to impaired driving.
Can You Bring Marijuana Into South Dakota From Another State?
Generally, no.
Recreational marijuana remains illegal in South Dakota, and marijuana purchased legally in another state does not become legal simply because it was lawfully purchased elsewhere.
Registered nonresident medical marijuana patients may obtain protections under South Dakota law after completing the state’s nonresident registration process, but transporting marijuana across state lines remains prohibited under federal law.
Patients should obtain medical marijuana through South Dakota’s regulated system rather than transporting marijuana into the state.
Can Local Governments Ban Medical Marijuana Dispensaries?
South Dakota cities and counties may regulate medical marijuana businesses through zoning, licensing requirements, operating restrictions and other local rules.
However, state law does not allow a local government to completely prohibit medical marijuana dispensaries.
Local governments may limit the number of establishments within their jurisdictions and establish reasonable requirements governing their location and operation.
Official Sources
South Dakota Department of Health: Medical Cannabis Program
South Dakota Department of Health: Patients, Caregivers and Practitioners
South Dakota Codified Laws Chapter 34-20G: Medical Cannabis
South Dakota Codified Laws Chapter 22-42: Controlled Substances and Marijuana
South Dakota Administrative Rules Article 44:90: Medical Cannabis
South Dakota Department of Revenue: Sales and Use Tax
