Cannabis Laws in South Dakota

Medical marijuana is legal in South Dakota (and the program prefers to use the term "cannabis"). In 2020, the voters of South Dakota passed Initiated Measure 26 and approved medical cannabis. South Dakota's medical cannabis program is not active as of yet, but the SD Department of Health (DoH) will announce the process to obtain medical cards by October 29, 2021 and will also announce rules related to medical cannabis establishments.

  • Medical Program Only

Can I get a medical cannabis certificate or card online in South Dakota?

There is no specific process for getting certified and qualifying for afor medical cannabis in South Dakota as of yet. You cannot get a medical cannabis card as of yet in SD. The Department of Health will announce this process as part of its proposed rules implementing the program.

Qualifying conditions for medical cannabis in South Dakota

A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome (e.g. HIV/AIDS); severe, debilitating pain; severe nausea (e.g. cancer/chemotherapy); seizures (e.g. epilepsy); or severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS).

Medical cannabis laws in South Dakota

Initiated Measure 26 became South Dakota Codified Law (SDCL) 34-20G.

As of 01 July, 2021:

Only medical patients are protected by the law. Recreational cannabis/marijuana is not legal as of yet in South Dakota.

Possession limit for medical cannabis patients in South Dakota

Qualifying patients may possess up to 3 ounces of cannabis flower or its equivalent.

Will medical cannabis patients be able to grow their own marijuana plants in South Dakota?

Yes, the rules as they stand propose that medical cannabis patients can cultivate their own marijuana plants. Patients may grow up to three (3) plants, or another amount if recommended by a physician. To be approved as a patient eligible for cultivation, you must have a certification from your physician that you are eligible to cultivate medical cannabis. In addition, you will need to apply to the Department of Health when that process is available. The Department of Health will establish and implement rules related to this process by October 29, 2021.

Will there be a medical cannabis caregiver program in South Dakota?

Yes. The designated caregiver must:

Will there be a patient registry in SD?

Yes. On April 26, 2021, the Department of Health issued a request for proposal for a statewide patient registry, verification, and licensing system to be used in the implementation of the SD medical cannabis program.

This system will ensure that patients and caregivers can be accurately identified and ensure that only verified patients and caregivers have access to medical cannabis. The patient verification system will also ensure that South Dakota law enforcement officials have the necessary tools to accurately identify medical cannabis patients/caregivers they may encounter.

Where can I keep up-to-date with South Dakota’s medical cannabis program?

If you want to read the rules in more detail, keep up-to-date with the current laws, see what stage the program has reached, and/or contact the state about its rules and regulations, check out the following link: