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Cannabis in South DakotaEverything You Need to Know

• South Dakota Marijuana Laws

  • Marijuana is a Schedule I drug in the state of South Dakota
  • Federally, cannabis is still considered a Schedule I Controlled Substance
  • Possession of 2 ounces or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1-year imprisonment and a maximum fine of 2,000 USD.
  • Possession of more than 10 pounds is a Class 3 felony, punishable by a maximum sentence of 15 years imprisonment and a maximum fine of 30,000 USD.
  • The sale or distribution of less than 1/2 ounce is a Class 1 misdemeanor punishable by a mandatory minimum sentence of 15 days to 1-year imprisonment and a maximum fine of 2,000 USD.
  • Cultivation in South Dakota will be punished based upon the aggregate weight of the plants found as either simple possession or possession with the intent to distribute.
  • The possession of paraphernalia is a Class 2 misdemeanor, punishable by a maximum sentence of 30 days imprisonment and a maximum fine of 500 USD.

• Cannabis Policy Reform Timeline

  • 1931: Prohibition began in South Dakota, and marijuana was banned
  • 1977: Cannabis was decriminalized by the South Dakota Senate; however, the law was short-lived and appealed almost immediately after that same election
  • 2006-2014: Ballot initiative failed to legalize the initiated measure for medical marijuana
  • 2015: The decriminalization initiative failed to gather signatures
  • 2018: Medical marijuana initiative failed to gather signatures
  • 2020: Approximately 54 percent of voters in South Dakota approved an adult-use cannabis legalization measure, while nearly 70 percent voted in favor of medical marijuana legalization. However, the state’s Supreme Court overturned the amendments. It has become quite a legal challenge for the state to begin regulating and taxing marijuana, but many voters support it.
  • 2022: Marijuana activists for the Marijuana Policy Project and the South Dakotans for Better Marijuana Laws attempt to place recreational use back on the ballot for voters to finally legalize cannabis in the November election cycle.

• Possession Limits in SD

  • Possession is not allowed recreationally; three ounces is allowed for medical patients,
  • As of 2021, adults who are 21 and older may possess up to three plants, with a limit of six plants per household.