Cannabis Possession Limits in South Dakota
Cannabis possession is prohibited under state law and may carry criminal penalties.
Possession Limits
Overview
South Dakota has a complicated cannabis history. Voters approved both recreational and medical cannabis in November 2020, but the recreational measure (Amendment A) was struck down by the state Supreme Court in 2021 on procedural grounds. A subsequent recreational initiative failed at the ballot in 2022. Medical cannabis remains legal under Measure 26, with patients allowed up to 3 ounces per 30 days. Recreational possession remains illegal with misdemeanor penalties for small amounts and felony charges for larger quantities. The state has a small but operational medical dispensary network.
Key Facts
- •Recreational cannabis is illegal despite a 2020 voter-approved measure being overturned.
- •Medical patients may possess up to 3 oz per 30-day period.
- •Possession of 2 oz or less is a misdemeanor with up to 1 year in jail.
- •Over 2 oz is a felony with up to 5 years in prison.
- •A 2022 recreational ballot measure also failed.
Penalties for Exceeding Limits
Possession of 2 oz or less is a misdemeanor with up to 1 year in jail and a $2,000 fine. Over 2 oz is a felony with up to 5 years in prison. Small amounts under 1 oz have a reduced first-offense penalty of up to 30 days.
Frequently Asked Questions
Is recreational cannabis legal in South Dakota?+
How does the medical cannabis program work in South Dakota?+
What are the penalties for recreational possession in South Dakota?+
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Disclaimer: The information on this page is provided for educational and informational purposes only and does not constitute legal advice. Cannabis remains illegal under US federal law. South Dakota state laws and regulations are subject to change and may vary by local jurisdiction. Possession limits and penalties described here are based on publicly available information and may not reflect the most current regulations. Always verify current laws with official South Dakota state resources and consult with a qualified attorney before possessing cannabis. Cannabismarketcap does not guarantee the accuracy or completeness of any information presented.