Is Marijuana Legal in South Dakota 2024

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Is Marijuana Legal in South Dakota 2024?

Yes, marijuana is legal for both medical and recreational use in South Dakota as of 2024. The state passed a ballot measure in November 2020, allowing for the legalization of marijuana. This means that adults 21 and older can possess and consume marijuana within the state's boundaries.

South Dakota Marijuana Possession Laws

In South Dakota, adults 21 and older can possess up to one ounce (28 grams) of marijuana for recreational use. 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 the new laws, adults 21 and older are allowed to cultivate up to three marijuana plants for personal use. However, these plants must be grown in an enclosed and locked space that is not visible to the public. It is illegal to cultivate marijuana plants in a manner that is accessible to individuals under the age of 21.

South Dakota Marijuana Penalties

While marijuana is legal for recreational use in South Dakota, there are still penalties for certain violations. Possession of more than one ounce (28 grams) of marijuana is considered a misdemeanor offense and can result in fines and potential jail time. It is also illegal to distribute or sell marijuana without the appropriate licenses. Penalties for these offenses can vary depending on the amount of marijuana involved and other factors.

Who can prescribe medical marijuana in South Dakota?

In South Dakota, medical marijuana can be prescribed 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.