Is marijuana legal in South Dakota?

Recreational Marijuana remains illegal in South Dakota, despite voters approving it in the 2020 election. Initially, 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. However, the approved constitutional amendment was overturned by Circuit Judge Christina Klinger, in line with Governor Kristi Noem's objection. Measure 26 remains unaffected, legalizing only medical cannabis in the state.

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?

Medical marijuana dispensaries are not yet open, but will eventually be established under the Medical Marijuana Initiative. Recreational dispensary rule

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

Medical marijuana patients may possess up to three ounces of marijuana.

Where can I smoke marijuana in South Dakota?

Medical Marijuana can only be consumed on private property, away from public view. Recreational cannabis remains illegal, despite being approved by a majority of voters.

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

Yes. New medical 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 Medical Marijuana 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, medical marijuana patients are not allowed to possess a gun or ammunition thanks to the federal Gun Control Act of 1968.