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Is Marijuana Legal in South Dakota 2025
Updated 14/08/2025
Is Marijuana Legal in South Dakota 2025?
As of 2025, only medical marijuana is legal in South Dakota. Although voters approved a recreational cannabis measure (Amendment A) in 2020, the state Supreme Court overturned it in 2021. This means that adults in the state may access marijuana solely through the medical program, while recreational possession and use remain illegal.
South Dakota Marijuana Possession Laws
For medical marijuana patients, possession limits are determined by their registered medical marijuana card. It is important to note that possession of marijuana by individuals under the age of 21 is still illegal, even for medical purposes.
South Dakota Marijuana Cultivation Laws
Under South Dakota’s medical cannabis laws, adults 21 and older may cultivate marijuana plants for personal use, but the rules differ for general home growing and registered patients. By default, individuals can grow up to three plants in a secure, enclosed, and locked space that is not visible to the public and not accessible to anyone under 21. In addition, as part of the registry identification card application process, qualified medical cannabis patients may apply for authorization to cultivate no more than two flowering plants and two non-flowering plants in their residence.
South Dakota Marijuana Penalties
Recreational marijuana is not legal in South Dakota. Only registered patients under the state’s medical cannabis program may lawfully possess and use marijuana. Possession of more than one ounce (28 grams) outside the medical program is considered a misdemeanor offense and may result in fines or jail time. In addition, distributing or selling marijuana without proper licensing remains illegal, with penalties that increase depending on the quantity involved and the circumstances of the violation.
Who can recommend medical marijuana in South Dakota?
In South Dakota, medical marijuana can be recommended by physicians who are licensed by the state and have completed the necessary training. These physicians must be registered with the South Dakota Department of Health and follow the guidelines and regulations set forth by the state's medical marijuana program.
Common Questions about South Dakota Marijuana Laws
Can you smoke marijuana in public in the state of South Dakota? 
No, smoking marijuana in public is not allowed in South Dakota. It is only legal to consume marijuana in private residences or other private locations where it is permitted.
Can anyone go to a dispensary in South Dakota?
No, only individuals with a valid medical marijuana card can legally purchase marijuana from a licensed dispensary in South Dakota.
Is marijuana a felony in South Dakota?
Possession of marijuana in small amounts for personal use is generally considered a misdemeanor offense in South Dakota. However, larger amounts or other related offenses may be classified as felonies.
What happens if you get caught with marijuana in South Dakota?
If caught with marijuana in South Dakota, the penalties can include fines, potential jail time, and a criminal record. The severity of the penalties depends on the amount of marijuana and other factors.
How much is a possession of marijuana ticket in South Dakota?
The fines for possession of marijuana in South Dakota can vary depending on the circumstances. It is recommended to consult the state's official guidelines or legal resources for specific information.
Are edibles legal in South Dakota?
Yes, edibles are legal for both medical and recreational use in South Dakota. However, it is important to follow the state's regulations and purchase them from licensed dispensaries.
Is CBD legal in South Dakota?
CBD products derived from hemp with less than 0.3% THC are legal in South Dakota. However, CBD products derived from marijuana may be subject to different regulations and restrictions. It is advisable to check the state's specific laws regarding CBD.
Useful links
- Initiated Measure 26
- Constitutional Amendment A
- HB 1100
- South Dakota Department of Health
- SDCL 34-20G-1
- SDCL 22-42-1
- SDCL 34-20G-24
- Secretary of State
- South Dakota Department of Revenue
- Updated election results in November 2022
- 1977
- 2006
- US Farm Bill
- DEA’s Schedule 1 drugs
- marijuana reform executive order
- Secretary of Health and Human Services
- Medical Cannabis Law
- South Dakota Medical Cannabis Patient Registry
- Marihuana Tax Act of 1937
- Chapter 44:90:02 of SD Administrative Rules
- Healthcare Practitioner Registration
- state laws
- South Dakota marijuana possession laws
- South Dakota marijuana distribution laws
- SD Codified Laws §32-23-1
- South Dakota marijuana limitations
- First offense
- Second offense
- Third offense
- Fourth offense
- Fifth and further convictions
- SDCL §34-20B-70
- South Dakota marijuana trafficking laws
- approved diversion programs in South Dakota
- rejected the Initiative
- Measure 13 made it to the ballot
- medicinal marijuana ballot proposal
- voted by a margin of 69% to 31%
- Amendment Z