Cannabis Laws in South Dakota

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

Concise guide to South Dakota's medical marijuana laws

Qualifying Conditions

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;

Patient Possession Limits

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.