South Dakota
In 2020, South Dakota voters approved a ballot measure that legalized both recreational and medical cannabis. However, the state legislature later passed a law that effectively banned recreational cannabis.
In 2022, the South Dakota Supreme Court ruled that the state legislature's ban on recreational cannabis was unconstitutional. However, the state legislature is appealing the ruling to the U.S. Supreme Court.
Current Legislation
Possession
Adult-Use: Recreational cannabis is NOT legal.
Medical: Medical cannabis is legal for adults with a valid medical marijuana card.
Growing
Adult-Use: Recreational cannabis is NOT legal to grow.
Medical: Adults with a valid medical marijuana card are allowed to grow up to 6 plants per household, with no more than 3 mature plants.
Selling
Adult-Use: Recreational cannabis is NOT legal to sell.
Medical: The sale of medical cannabis is legal to adults with a valid medical marijuana card. Only licensed dispensaries can sell medical cannabis.
Penalties
Adult-Use: For possession of up to 1 ounce of recreational cannabis, the maximum penalty is a fine of $200. For possession of more than 1 ounce, the maximum penalty is a fine of $1,000 and up to 30 days in jail.
Medical: There are no penalties for possession or use of cannabis by adults with a valid medical marijuana card.
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