Is marijuana legal in South Dakota?

Both recreational and medical marijuana are legal in South Dakota. The new law will go into effect on July 1, 2021. The state made cannabis reform history with the simultaneous passing of Measure 26, the Medical Marijuana Initiative and Constitutional Amendment A, Marijuana Legalization Initiative, to create both markets at once. The legislation was even more unique in that if the Medical Marijuana Initiative was rejected, the Legalization Initiative contained requirements to create a medical market were it to pass without the other law.

How can I get my medical marijuana card in South Dakota?

Any qualifying resident of South Dakota, may apply to receive a medical marijuana card (including minors). To qualify for medical marijuana in South Dakota, a person must have a debilitating medical condition defined by the state. Please refer to the South Dakota legal page for more information.

Where can I buy marijuana in South Dakota?

Currently, neither medical nor recreational marijuana dispensaries are operating in South Dakota. The newly passed initiatives require the Department of Revenue to first create guidelines for the new markets before businesses can apply for a license, and those have not yet been established. The Department has until April 1, 2022 to set regulations.

How much marijuana can I possess at one time in South Dakota?

After July 1, 20201, residents of South Dakota 21 and older may possess up to one ounce of marijuana or eight grams of concentrate. Medical marijuana patients may possess up to three ounces of marijuana.

Where can I smoke marijuana in South Dakota?

Marijuana can only be consumed on private property, away from public view. This applies to both medical and recreational marijuana.

Can I get a DUI for using marijuana in South Dakota?

Yes. The recent changes in cannabis legalization do not affect current DUI laws in the state. The regulations explicitly state that, “operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana,” and “consumption of marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is being operated, or smoking marijuana within a motor vehicle, aircraft, motorboat, or other motorized form of transport, while it is being operated,” all still remain illegal.

Can I get fired for using marijuana in South Dakota?

The Marijuana Legalization Initiative does not affect an employer's ability to restrict the use of marijuana by employees. You can still be fired for cannabis consumption if your job prohibits it.

Can I possess a gun and use medical marijuana in South Dakota?

As with other states with legalized cannabis of any kind, medical marijuana patients are not allowed to possess a gun or ammunition thanks to the federal Gun Control Act of 1968. Although this is a dated initiative, there have been no cases of users being prosecuted for owning a gun and being a medical marijuana patient.

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