South Dakota Marijuana Laws

Updated March 2020

South Dakota is one of the most conservative states in the country when it comes to marijuana policy. The state has failed to pass any laws allowing marijuana for medical or recreational purposes. Learn more about South Dakota marijuana laws below.

Recreational Marijuana in South Dakota

The use or possession of any amount of marijuana is illegal in South Dakota. Possession of any amount of dried flower marijuana is subject to as much as a $2,000 fine and a year in prison. Being caught in possession of over 2 ounces of dried flower is charged as a felony. Possession of any amount of hash or concentrates is a felony, punishable by 10 years in prison and a maximum fine of $20,000.

Following the United States’ Justice Department’s decision in late 2014 to allow legal marijuana agriculture and sale on Native American reservations, the Flandreau Santee Sioux Tribe, located in South Dakota, was the first tribe in the country to legalize marijuana.

Medical Marijuana in South Dakota

South Dakota has yet to pass any type of medicinal cannabis legislation and there has been little momentum to enact any type of policy. Medical marijuana initiatives were approved for the ballot in both 2006 and 2010, but voters failed to pass both. Efforts by cannabis advocates were made to get another medical marijuana initiative on the ballot in 2016, but the campaign failed to get enough valid signatures. No medical marijuana bill has yet to be introduced in 2017, but it is expected to be on the agenda.

CBD Hemp Oil in South Dakota

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Hemp in South Dakota

The cultivation of marijuana for medicinal or personal purposes is illegal in South Dakota. Depending on the weight of the plants found, a person could be charged with either possession or the intent to distribute.

In March 2019, South Dakota Gov. Kristi Noem signed House Bill 1008 to set up the state’s industrial hemp program. Under the law, hemp cultivation and hemp-derived CBD oil are legal.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.


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