Is Weed Legal in South Dakota?

South Dakota’s Convoluted Cannabis History

South Dakota has the most complicated and politically fraught cannabis legalization history of any US state. Understanding where things stand requires understanding what happened in 2020, 2021, 2022, and 2023.

Measure A (2020): Two-in-One Initiative

In November 2020, South Dakota voters passed Measure A — an initiative that simultaneously legalized both recreational and medical cannabis — with approximately 54% voter support. Measure A was drafted as a constitutional amendment, intending to make it harder for the Legislature to override. Governor Kristi Noem, a vocal opponent of legalization, immediately challenged the measure in court, arguing it violated South Dakota’s requirement that initiatives address only a single subject.

In February 2021, the South Dakota Supreme Court ruled Measure A unconstitutional, agreeing that combining recreational and medical cannabis in a single initiative violated the single-subject rule. This overturned the recreational component. However, a separate medical-only ballot measure (Amendment A on the same 2020 ballot) had also passed, and the medical program was allowed to proceed.

Measure 27 (2022): Recreational Returns

Undeterred, cannabis advocates placed Measure 27 on the November 2022 ballot — a recreational-only initiative that avoided the single-subject problem. Measure 27 passed with 57% voter support. The measure was a statutory initiative (not a constitutional amendment), which turned out to be critical.

SB 1 (2023): Legislative Repeal

In May 2023, the Republican-controlled South Dakota Legislature passed SB 1, which repealed Measure 27. Under South Dakota law, the legislature can repeal or amend a statutory voter initiative if it obtains a two-thirds supermajority in both chambers — which it did for SB 1. Cannabis advocates argued this subverted the will of the voters, but courts upheld the legislative repeal. South Dakota reverted to medical-only.

This sequence — voters legalizing recreational cannabis, the Supreme Court overturning it, voters legalizing it again, and the Legislature repealing it — is unique in US cannabis history and has made South Dakota a cautionary example in cannabis policy discussions.

Current Medical Cannabis Program

South Dakota’s medical cannabis program, grounded in the surviving 2020 medical provisions, is administered by the South Dakota Department of Health. The program is operational but relatively small compared to larger state programs:

• Patients must have a qualifying condition certified by a licensed physician
• Registration through the Department of Health’s Medical Cannabis Registry
• Annual card renewal required
• Caregiver program: designated caregivers may assist qualifying patients
• The program launched in 2021 after the medical component of the 2020 vote was upheld

Qualifying Conditions

• Cancer
• Positive status for HIV or AIDS
• ALS
• Post-Traumatic Stress Disorder (PTSD)
• Crohn’s Disease
• Multiple Sclerosis
• Epilepsy or seizure disorders
• Spinal cord injury or disease resulting in weakness, paralysis, or spasms
• Nausea or vomiting resulting from medications for cancer, HIV/AIDS, hepatitis, or other serious conditions
• Any terminal illness with a life expectancy of under 12 months
• Any other medical condition or treatment approved by the DOH

Possession Limits

Home Cultivation

Under South Dakota’s current medical program, registered patients may cultivate a limited number of plants at home if they live more than 25 miles from a licensed dispensary. Home cultivation rules:

• Only patients (or their caregivers) who reside more than 25 miles from the nearest licensed dispensary may cultivate
• Maximum: 3 mature plants and 3 immature plants per patient
• Plants must be secured and out of view from public areas
• Home cultivation is not permitted for non-patients under any circumstances
• Any cannabis produced through home cultivation may only be used by the registered patient; it cannot be sold or transferred

Dispensary Access

South Dakota’s licensed dispensary system is smaller than in larger legal states:

• Licensed dispensaries are located primarily in Sioux Falls, Rapid City, and other larger communities
• The total number of licensed dispensary locations is limited by South Dakota’s program design
• Only registered patients with valid South Dakota Medical Cannabis Registry cards may purchase
• No out-of-state medical card reciprocity
• Products include flower, concentrates, tinctures, and edibles (subject to DOH-approved product forms)
• The 25-mile home cultivation rule reflects South Dakota’s large rural land area and the reality that many patients live far from dispensaries

Hemp and CBD in South Dakota

South Dakota’s hemp history is interesting: Governor Noem initially resisted the 2018 federal Farm Bill’s hemp provisions, but the South Dakota Legislature established a state hemp program following federal legalization. Current status:

• Industrial hemp with 0.3% THC or less is legal in South Dakota
• Hemp-derived CBD products (0.3% THC or less) are legal and available without a medical card
• The South Dakota Department of Agriculture oversees the hemp program
• Delta-8 and delta-9 hemp-derived products occupy a legal grey area; check current South Dakota regulations for the latest status
• High-THC cannabis oil (above 0.3%) requires a medical card and must be purchased from a licensed dispensary

DUI and Impaired Driving

• South Dakota DUI law prohibits driving while under the influence of any controlled substance, including cannabis
• South Dakota uses a per se standard: any amount of THC metabolite (not just active THC) in the blood can form the basis of a DUI charge, though impairment evidence typically accompanies prosecution
• Medical cannabis patients are not exempt from DUI enforcement
• First-offense DUI: up to 1 year jail, $1,000–$2,000 fine, 30-day license suspension, SR-22 insurance requirement
• Cannabis must not be in open or accessible containers in a vehicle; must be sealed in original packaging

Employment and Housing Rights

• South Dakota has no employment protection for medical cannabis patients; employers may enforce drug-free workplace policies
• No protections against adverse employment action for cannabis use even with a valid medical card
• Federal contractors and safety-sensitive positions follow federal zero-tolerance rules
• Housing: landlords may prohibit cannabis use on their properties; public housing follows federal prohibition rules
• South Dakota is an “at will” employment state with broad employer discretion

The Path Forward: Constitutional Amendment Strategy

Cannabis advocates in South Dakota have learned from the 2020 and 2022 experiences. The next legalization effort will likely pursue a constitutional amendment rather than a statutory initiative, because:

• Constitutional amendments require a two-thirds supermajority in both legislative chambers to repeal (much harder than the simple majority needed for SB 1 to repeal Measure 27)
• Constitutional amendments cannot be overturned by a supreme court’s single-subject ruling in the same way Measure A was
• The 57% vote for Measure 27 demonstrates consistent majority public support, though constitutional amendments typically need an even larger threshold at the ballot
• The timeline for any future attempt depends on campaign funding, political climate, and ballot access logistics

Frequently Asked Questions

What Visitors to South Dakota Need to Know

South Dakota draws millions of visitors annually, especially to the Badlands, Mount Rushmore, Crazy Horse Memorial, and the Sturgis Motorcycle Rally. Cannabis rules for visitors:

• Recreational cannabis is not legal. There are no adult-use dispensaries in South Dakota.
• Out-of-state medical cards (including from neighboring Colorado, Nebraska, or Minnesota) are not accepted at South Dakota medical dispensaries — no reciprocity exists
• Bringing cannabis into South Dakota from another state is illegal under both South Dakota law and federal law (interstate transport)
• Sturgis Motorcycle Rally: the rally draws 500,000+ visitors; South Dakota law enforcement is active during this period and cannabis possession is enforced
• Badlands National Park, Mount Rushmore National Memorial, and Wind Cave National Park are all federally managed; federal cannabis prohibition applies regardless of any future state law changes
• Rapid City and Sioux Falls have some municipal-level enforcement discretion for very small amounts, but no formal decriminalization ordinances comparable to Denver or Portland

South Dakota vs. Neighboring Legal States

South Dakota’s cannabis prohibition sits in interesting contrast to its regional neighbors. The state’s geographic position shapes how this plays out practically:

• Colorado: Full adult-use since 2012; legal purchases in Colorado are illegal to bring back to South Dakota across the border on I-25 or US-160
• Minnesota: Legalized adult-use cannabis (signed 2023, retail sales began 2025); the eastern South Dakota border with Minnesota creates a legal borderland similar to New Jersey-Pennsylvania
• Montana: Legal adult-use since 2021; western South Dakota residents near the Montana border face similar cross-border dynamics
• Nebraska: Medical-only (limited program); similar to South Dakota in restriction level
• Wyoming: Fully prohibited; no cannabis program of any kind
• Iowa: Medical CBD program only — very restricted, similar to Georgia

South Dakota’s position surrounded by states with varying cannabis policies means residents near borders have easy access to legal cannabis in neighboring states. Bringing that cannabis back to South Dakota remains illegal and subject to criminal penalties.

Federal vs. State Law in South Dakota

• Ellsworth Air Force Base (home of B-21 Raider operations) enforces strict federal zero-tolerance cannabis policies
• National Parks (Badlands, Wind Cave, Jewel Cave) and National Grasslands (Buffalo Gap, Fort Pierre) are federal jurisdiction
• The Pine Ridge, Rosebud, Crow Creek, Standing Rock, and other tribal reservations in South Dakota have their own cannabis policies independent of state law; some allow medical cannabis under tribal law, others maintain prohibition
• Banking and financial services for South Dakota’s medical cannabis businesses face the same federal limitations as in other states
• Interstate highways through South Dakota (I-90, I-29) are subject to federal jurisdiction; cannabis transport is a federal crime on these roads