Is marijuana legal in South Dakota?
Only for medical use. As of 2026, South Dakota allows registered patients to buy medical marijuana (weed) and, if their card allows it, grow a limited number of plants. Recreational marijuana is not legal.
Status checked November 4, 2026
Contents
Marijuana laws in South Dakota
South Dakota voters approved Initiated Measure 26 on November 3, 2020. It took effect July 1, 2021, and is codified as chapter 34-20G. Recreational marijuana is not legal. A 2020 adult-use amendment was struck down by the South Dakota Supreme Court, and no adult-use statute has replaced it.
A qualifying patient with a debilitating medical condition needs a written certification and a registry identification card from the Department of Health. The allowable amount includes three ounces of cannabis or less, cannabis products allowed by department rules, and, if the card allows cultivation, two flowering plants and two plants that are not flowering, plus cannabis produced from those plants if it is kept at the same property.
Patients designate on their application whether they or a caregiver will be allowed to cultivate. Smoking or vaping is banned on public transportation, in public or in a place open to the public, and for anyone under 21. Driving under the influence of cannabis is illegal.
Without a card, knowingly possessing marijuana is a crime under §22-42-6, starting as a Class 1 misdemeanor for two ounces or less. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Pierre, SD – July 26, 2014: South Dakota State Capitol at dusk Photo: Adobe Stock (editorial use only).
What the law says
Legal
- "Allowable amount of cannabis,":
- Three ounces of cannabis or less;
- If the cardholder has a registry identification card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering;
- If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated
- A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:
- The medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis
Not legal
- This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:
- Smoking or vaping cannabis:
- On any form of public transportation;
- In any public place or any place that is open to the public; or
- If under the age of twenty-one;
- Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis
- No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less.
Quoted from South Dakota Codified Law §34-20G-1.
How old do you have to be to use marijuana in South Dakota?
There's no legal age to buy recreational weed in South Dakota, because recreational marijuana is illegal at any age. Medical marijuana is different: a qualifying patient needs a practitioner's written certification and a Department of Health registry card. Designated caregivers must be at least 21. Smoking or vaping cannabis is separately banned for anyone under 21, even in the medical program.
How much marijuana can you have in South Dakota?
If you have a South Dakota medical cannabis card, you can have up to three ounces of cannabis, plus cannabis products allowed by department rules. If your card allows cultivation, you may also have two flowering plants and two non-flowering plants, and you may keep what those plants produce at the same property where they were grown. That is the amount you may have at home. In a car or anywhere else, stay within the three-ounce allowable amount unless you are transporting a plant as the chapter allows. Without a card, two ounces or less is a Class 1 misdemeanor.
Where can you buy marijuana in South Dakota?
You can buy medical cannabis in South Dakota at a registered dispensary if you have a valid registry identification card. Patients may designate up to two dispensaries on their application. Recreational stores do not exist. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in South Dakota?
Only if your registry card says so. South Dakota medical patients do not automatically get a home grow. When you apply, you designate whether you or a caregiver will be allowed to possess and cultivate plants. If the card allows cultivation, the limit is two flowering plants and two plants that are not flowering, kept in an enclosed, locked facility, and the harvest must stay at that property. Nonresident cardholders may not cultivate. Recreational home grows are illegal.
Where can you use marijuana in South Dakota?
You can use medical cannabis in South Dakota if you are a cardholder, but you can't smoke or vape it on public transportation, in a public place or a place open to the public, or if you are under 21. The chapter also does not authorize use in a correctional facility, or performing a safety-sensitive job under the influence. Recreational use is illegal.
How do you get a medical marijuana card in South Dakota?
To get a medical marijuana card in South Dakota, you need a written certification issued by a practitioner within the 90 days before you apply, showing a debilitating medical condition and a bona fide practitioner-patient relationship. Submit that certification, the fee, and identifying information to the Department of Health. You may designate a caregiver and up to two dispensaries, and you must say who, if anyone, will be allowed to cultivate. Nonresident cardholders can register if they meet the chapter's requirements.
Can visitors buy or use marijuana in South Dakota?
Out-of-state visitors can't buy recreational weed in South Dakota. A visitor who has a valid medical cannabis card or equivalent from another jurisdiction, a qualifying debilitating condition, and Department of Health confirmation of registration may qualify as a nonresident cardholder. Nonresident cardholders may not cultivate. Bringing marijuana in without that registration is illegal, and so is taking it out of South Dakota under federal law.
What are the rules on driving and marijuana in South Dakota?
No, you can't drive high in South Dakota. Section 32-23-1 makes it illegal to drive or be in actual physical control of a vehicle while under the influence of marijuana. Chapter 34-20G also says the medical law does not authorize operating a motor vehicle, aircraft, train or motorboat while under the influence of cannabis. A patient card is not a defense.
Can an employer in South Dakota fire you for using marijuana?
You can still get fired for using marijuana in South Dakota in safety-sensitive jobs, even as a registered patient. A registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights, for employer interactions and drug testing, as a person who is solely prescribed a pharmaceutical medication. That does not stop an employer from taking adverse action based solely on a positive test if the person works in, or is applying for, a safety-sensitive job. Employers may also act if someone is under the influence at work.
What are the penalties for breaking marijuana laws in South Dakota?
Without a card, knowingly possessing two ounces of marijuana or less is a Class 1 misdemeanor. More than two ounces but less than one-half pound is a Class 6 felony, with higher felony classes as the amount increases, plus a possible civil penalty of up to $10,000. Cardholders acting within the allowable amount are protected from arrest and prosecution for medical use. Smoking or vaping in public, or driving under the influence, is still punishable.
Are CBD, hemp and delta-8 products legal in South Dakota?
Hemp that meets state and federal hemp definitions is regulated separately from medical cannabis in South Dakota. Intoxicating products sold as delta-8 or THCA may be treated as marijuana if they fall outside that definition. Medical cannabis itself must come from a registered dispensary or a lawful cardholder grow. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in South Dakota?
Yes. Federal law still applies in South Dakota. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in South Dakota changed recently, or is it about to?
South Dakota's medical program, approved November 3, 2020, and effective July 1, 2021, is still the law. Recreational marijuana is not legal, and the 2020 adult-use amendment was invalidated by the state Supreme Court. No new legalization date is set. Home grow remains available only when a registry card specifically allows cultivation. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
- South Dakota Codified Law §34-20G-1 (definitions, allowable amount)
- South Dakota Codified Law §34-20G-2 (cardholder protections)
- South Dakota Codified Law §34-20G-18 (unauthorized conduct)
- South Dakota Codified Law §22-42-6 (possession of marijuana)
- South Dakota Codified Law §32-23-1 (driving under the influence)
Sources (11)
- South Dakota Codified Law §34-20G-1 (definitions, allowable amount) sdlegislature.gov
- South Dakota Codified Law §34-20G-2 (cardholder protections) sdlegislature.gov
- South Dakota Codified Law §34-20G-18 (unauthorized conduct) sdlegislature.gov
- sdlegislature.gov
- sdlegislature.gov
- South Dakota Codified Law §22-42-6 (possession of marijuana) sdlegislature.gov
- South Dakota Codified Law §32-23-1 (driving under the influence) sdlegislature.gov
- doh.sd.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
← See all states on the map