Is Cannabis Legal in South Dakota?

Cannabis legality in South Dakota has undergone significant changes in recent years. As of 2024, South Dakota has a limited medical marijuana program, while adult-use recreational cannabis remains illegal. **Medical Cannabis:** In 2020, South Dakota voters approved Initiated Measure 26, establishing a medical cannabis program. The program became operational in July 2021, allowing qualified patients with specific medical conditions to access cannabis products. Qualifying conditions include cancer, chronic pain, PTSD, epilepsy, and several other debilitating medical conditions. Patients must obtain a registry card from the South Dakota Department of Health and register with a licensed dispensary. The medical program allows possession of up to 3 ounces of cannabis flower or equivalent in other forms. As of late 2023, there were approximately 15 licensed dispensaries operating across the state, serving over 8,000 registered patients. **Recreational Cannabis:** Adult-use cannabis remains illegal in South Dakota. While voters initially approved recreational legalization (Amendment A) in 2020 alongside the medical measure, the South Dakota Supreme Court struck down the recreational amendment in February 2021, ruling it violated the state's single-subject rule for constitutional amendments. Possession of any amount of marijuana for non-medical purposes remains a misdemeanor, punishable by up to one year in jail and fines up to $2,000 for first-time offenders. **Current Market:** South Dakota's medical cannabis market generated approximately $25 million in sales during its first full year of operation (2022). The state imposes a 4.2% state sales tax plus local taxes on medical cannabis products. **Disclaimer:** Cannabis laws are subject to change, and this information should not be considered legal advice. Individuals should consult current state statutes and local ordinances for the most up-to-date information regarding cannabis legality in South Dakota.