Is Weed Legal In South Dakota, Yes for Limited Medical Use
Under the state’s current medical marijuana laws, a doctor can prescribe a patient to the program based on their symptoms. This new law spells out eight health conditions that will automatically qualify someone for a medical marijuana card in South Dakota.
Rules and regulations for South Dakota's medical marijuana program:
- Patients must have one of several qualifying conditions such as cancer, glaucoma, HIV/AIDS, chronic pain, PTSD, ALS, or others.
- Patients must get certification from a licensed physician and register for a medical marijuana card through the South Dakota Department of Health.
- Approved products include oils, extracts, concentrates, edibles, topicals, pills, and plant material that can be vaped. Smoking is not allowed.
- Home cultivation is permitted for up to 3 plants per patient. Cultivation must occur at the patient's primary residence.
- Dispensaries must be licensed to sell medical marijuana to registered patients. The first dispensaries opened in November 2022.
- Possession limits are 3 ounces of marijuana and a maximum of 6 plants per patient. Limits apply to combined home grown and dispensary purchases.
- Medical marijuana cannot be used in public spaces. It can only be consumed privately in a residence.
- Driving under the influence of marijuana remains illegal for medical patients and can result in a DUI.
- Only approved, licensed dispensaries can provide legal medical marijuana products. Purchases from other sources remain illegal.
- Local governments cannot restrict legal transport of medical marijuana through their jurisdictions.
- Product testing and labeling requirements, including THC content and source information, must be met.
- Unlicensed possession, distribution, and use of marijuana remain illegal in South Dakota outside of the medical program.
Possession for Recreational use
Possession of two (2) ounces or less of marijuana is a misdemeanor. Any amount of marijuana over two (2) ounces is subject to felony-based penalties on a scale depending on the amount. In addition, any and all forms of hashish are considered controlled substances in South Dakota and subject to felony penalties.
Sales
Selling more than half an ounce of marijuana is a felony carrying a mandatory 30-day sentence. Any marijuana found in a car leads to a 90-day suspended license for a first offense.
Cultivation
Cultivation in South Dakota will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute.
| Code Section |
22-42-6, et seq.; 34-20B-1 to 114 |
| Possession |
Under 2 oz.: Class 1 misdemeanor; 2 oz. to .5 lb.: Class 6 felony; .5 to 1 lb.: Class 5 felony; 1to 10 lbs.: Class 4 felony; Over 10 lbs.: Class 3 felony; May be civil penalty for violation up to $10,000 in any of the above cases |
| Sale |
- Distributing less than one-half ounce, when given away, not sold. Penalties include up to one (1) year in jail, a $2,000 fine, or both.
- One ounce or less. Penalties include a fine of up to $1,000, at least 15 days (and up to one year) in prison, or both.
- More than one (1) ounce but less than eight (8) ounces. Penalties include a fine of up to $2,000, up to two (2) years in prison, or both.
- Eight ounces or more, but less than one (1) pound. Penalties include a fine of up to $5,000, at least five (5) years in prison, or both.
- One pound or more. Penalties include a fine of up to $15,000, at least 15 years in prison, or both.
- Also may be civil penalty up to $10,000 in any of above cases; All felonies: mandatory 30 days without suspension; Subsequent offense: mandatory one (1) year.
|
| Trafficking |
N/A |
|
