South Dakota cannabis law
Key points
Legal status
Medical Program
Possession limits
| Medical patients | 3 oz |
| Recreational users | Illegal |
State taxes
| Medical patients | 4.2% sales tax, 1-2% municipal tax |
| Recreational users | Not applicable |
Cultivation
| Medical patients | 2 mature, 2 immature plants |
| Recreational users | Illegal |
Cultivation is legal for patients
Do I qualify?
Find out if you're eligible for medical cannabis with our quick and easy quiz
👋 What if I didn’t find my disease on this list?
You might be surprised at the many qualifying conditions for a medical marijuana card 👌
Concise guide to South Dakota's medical marijuana laws
A “debilitating medical condition,” which is defined as follows:
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms;
- Acquired immune deficiency syndrome or positive status for human immunodeficiency virus;
- Amyotrophic lateral sclerosis;
- Multiple sclerosis;
- Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting;
- Crohn’s disease;
- Epilepsy and seizures;
- Post-traumatic stress disorder;
Medical marijuana patients may possess up to three ounces of cannabis including other allowable products. Specifics to be determined within 120 days on the bill coming into effect.
Yes, up to three plants. In certain circumstances, a physician may authorize a patients to cultivate greater quantities.
Yes. A list of licensed dispensaries is available online.
Yes. All caregivers must submit the proper required documentation to the State Department of Health.
13,428
Source: S.D. Department of Health, as of May 2024
Yes
N/A
