South Dakota Marijuana Laws (2026): A Beginner’s Guide
Quick answer: Recreational marijuana is still illegal in South Dakota, but medical marijuana is legal for registered patients with a qualifying condition. Patients can have up to 3 ounces, and those with a cultivation endorsement can grow 2 flowering and 2 non-flowering plants at home. Visitors with a valid medical card from their home state can buy at South Dakota dispensaries too.
Last verified: October 20, 2026, against the South Dakota Department of Health Medical Cannabis Program. Laws change, so check the official site before you travel or buy.
| Recreational | No. Voters approved it in 2020, but the state Supreme Court struck the amendment down. Later ballot measures in 2022 and 2024 failed. |
|---|---|
| Medical | Yes. Voters approved Initiated Measure 26 in November 2020, and the program took effect July 1, 2021. |
| Minimum age | 18 for a patient card. Minors can qualify with a parent or guardian acting as caregiver. |
| Possession limit | 3 ounces of cannabis, plus product amounts set by Department of Health rules |
| Home grow | Patients with a cultivation endorsement: 2 flowering and 2 non-flowering plants |
| Public use | Not protected. Keep it at home. |
| Driving limit/DUI rule | Driving under the influence is a crime. A medical card is no defense. |
| Medical card for visitors | Yes. Valid out-of-state cardholders can buy and possess, but they can’t grow. |
Who can buy?
Only medical cannabis cardholders. South Dakota has no adult-use market, so being 21 with a valid ID won’t get you through a dispensary door. Err… no.
To get a card, you need a “debilitating medical condition” certified by a South Dakota physician, physician assistant or advanced practice registered nurse. The law covers conditions like cancer, HIV/AIDS, epilepsy and seizures, multiple sclerosis, and chronic conditions that cause severe pain, nausea or muscle spasms. You apply online through the Department of Health.
According to the Department of Health, a standard card costs $75. A low-income card costs $20, and adding home cultivation costs another $20. The program had just over 20,000 patients as of September 2026.
Where can you buy?
At state-certified medical cannabis dispensaries. Every product is tracked from seed to sale, and the dispensary must check your card, your photo ID and your purchase history before it sells you anything.
Visitors get a nice perk here. Under SDCL 34-20G-3, a “nonresident cardholder” with a valid medical card from another state can buy, possess and use medical cannabis in South Dakota under the same limits. You’ll still need your home-state card and photo ID with you.
How much can you buy or possess?
- Possession: up to 3 ounces of cannabis, plus product amounts set by department rules
- Purchases: a dispensary can’t sell you more than 3 ounces in any 14-day period
- Home growers: you can also keep what your own plants produce, as long as it stays at the property where you grew it
Without a card, there’s no legal amount. Possessing 2 ounces or less is a Class 1 misdemeanor.
Can you grow your own?
Yes, if your card includes cultivation. State law allows 2 flowering plants and 2 non-flowering plants. The plants must be in an enclosed, locked space. Nonresident cardholders can’t grow at all, and anyone without a card who grows is committing a crime.
Where can you smoke?
At home is the safe answer. The medical law protects “medical use,” but that protection doesn’t cover lighting up in public. Landlords and hotels can also set their own rules about smoking.
South Dakota also has an unusual “ingestion” law. Under SDCL 22-42-15, intentionally taking a substance into your body to get intoxicated is a Class 1 misdemeanor, unless it’s legally prescribed. In practice, that means someone without a card can be charged for having marijuana in their system, not just in their pocket. Cardholders following the medical law are protected.
Can you drive after using?
No. Driving under the influence of marijuana is illegal, and a medical card doesn’t give you a pass. If you’re impaired, call a ride or stay put.
Can you take it out of state?
No. Crossing state lines with cannabis is illegal under federal law, even between two states with medical programs. In April 2026, the federal government moved state-licensed medical marijuana to Schedule III, but that didn’t make interstate transport legal. Recreational marijuana is still federally illegal (Schedule I).
Wondering about the neighbors? Minnesota and Montana both allow adult-use cannabis. Just don’t bring any back.
Can your employer fire you?
South Dakota gives patients real protection. Under SDCL 34-20G-22, a registered patient must be treated as if they were taking a prescribed medication when it comes to dealing with their employer and drug testing. The big exception is safety-sensitive jobs. An employer can refuse to hire someone, or take action against an employee, in a safety-sensitive role based only on a positive test. And nobody has the right to be impaired at work.
Penalties, briefly
For anyone without a medical card, according to NORML’s South Dakota summary of state statutes:
- 2 oz or less: Class 1 misdemeanor, up to 1 year in jail and a $2,000 fine
- More than 2 oz to 1/2 lb: Class 6 felony, up to 2 years and $4,000
- Larger amounts: higher felony classes, up to 15 years for more than 10 lbs
- Paraphernalia: misdemeanor, up to 30 days and $500
- Concentrates: treated far more harshly than flower, so check the statute before assuming anything
Cardholders who go over their limit can lose their protection and face these same penalties. Selling to someone who isn’t authorized is a felony.
Want the full state-by-state picture? Visit our marijuana law hub.
South Dakota marijuana law FAQ
Is weed legal in South Dakota in 2026?
Only for registered medical patients. Recreational marijuana remains illegal in South Dakota in 2026. Voters approved it in 2020, but the state Supreme Court struck that amendment down, and later measures in 2022 and 2024 failed.
Can tourists buy marijuana in South Dakota?
Only if they hold a valid medical marijuana card from their home state. South Dakota lets these nonresident cardholders buy up to 3 ounces every 14 days at licensed dispensaries. Tourists without a medical card can’t buy legally.
How many plants can a South Dakota medical patient grow?
A South Dakota patient whose card includes cultivation can grow 2 flowering and 2 non-flowering plants, kept in an enclosed, locked space. Nonresident cardholders aren’t allowed to grow.
Is it illegal to have marijuana in your system in South Dakota?
For people without a medical card, it can be. South Dakota’s ingestion law makes intentionally ingesting a substance to get intoxicated a Class 1 misdemeanor, unless it’s legally prescribed. Registered medical patients following the program rules are protected.
How much does a South Dakota medical card cost?
A standard South Dakota medical cannabis card costs $75, and a low-income card costs $20. Adding home cultivation costs $20 more, according to the state Department of Health.