South Dakota Medical Cannabis Laws
Registered-patient access rules. Adult-use sales are not legal.
Informational only — not legal advice. Cannabis laws change frequently; verify current rules with the official sources linked below before relying on this page.
Last verified: 2026-09-09
South Dakota Cannabis Laws — Quick Facts
Status
Medical-only · no adult-use sales
Min. Age
Adult cardholders participate directly; minors require the program’s designated-caregiver process.
Home Grow
Only for cardholders whose registry identification card expressly authorizes cultivation.
Source: official state guidance · Facts verified 2026-09-09 · Effective 2023-11-27
Residents & out-of-state visitors
Medical cannabis: patient authorization required
State residents
- Who can buy
- Registered qualifying medical patients with the required card.
- Purchase limit
- Dispensaries may dispense no more than 3 oz in a 14-day period to an eligible patient or nonresident cardholder; product equivalency rules apply.
- Public possession limit
- 3 oz cannabis-equivalent for eligible medical cardholders.
Out-of-state visitors
- Who can buy
- Qualifying nonresident medical cardholders only. Confirm registration and accepted credentials with South Dakota before shopping.
- Purchase limit
- Dispensaries may dispense no more than 3 oz in a 14-day period to an eligible patient or nonresident cardholder; product equivalency rules apply.
- Public possession limit
- 3 oz cannabis-equivalent for eligible medical cardholders.
- No adult-use sales. Visitor eligibility is conditional; an out-of-state ID alone is not enough.
Sources: South Dakota nonresident statute · South Dakota dispensing limits · Reviewed 2026-09-09
Purchase and possession limits are different. Limits apply within this state; do not carry cannabis across state lines. Medical programs may have separate rules.
Find medical dispensary listings in South Dakota
29 directory listings across 18 cities.
Browse all South Dakota dispensaries →1. Status & Authority
- Legal Since: 2020 voter approval; medical program implementation began in 2021
- Governing Agency: South Dakota Department of Health, Medical Cannabis Program
- Statute/Citation: SDCL Chapter 34-20G; ARSD Article 44:90
- Medical Exists: Yes
- Retail Sales Operational: Medical sales only; no adult-use market
2. Who Can Purchase
- Minimum Age: Adult cardholders participate directly; minors require the program’s designated-caregiver process.
- ID Requirements: Valid South Dakota registry identification card or qualifying nonresident card recognized by the program.
- Certification: A registered practitioner must certify a qualifying debilitating medical condition.
- State residents: Registered qualifying medical patients with the required card.
- Resident vs. Out-of-State/Visitor: Qualifying nonresident medical cardholders only. Confirm registration and accepted credentials with South Dakota before shopping.
3. Purchase & Possession Limits
- Resident purchase: Dispensaries may dispense no more than 3 oz in a 14-day period to an eligible patient or nonresident cardholder; product equivalency rules apply.
- Visitor purchase: Dispensaries may dispense no more than 3 oz in a 14-day period to an eligible patient or nonresident cardholder; product equivalency rules apply.
- Resident public possession: 3 oz cannabis-equivalent for eligible medical cardholders.
- Visitor public possession: 3 oz cannabis-equivalent for eligible medical cardholders.
- Note: No adult-use sales. Visitor eligibility is conditional; an out-of-state ID alone is not enough.
4. Where & How to Buy
- Dispensaries: State-certified medical cannabis dispensaries.
- Card Verification: A valid card is required for protected purchases and possession.
- Adult-Use Sales: Not legal.
- Local Rules: Establishments and cardholders remain subject to state and local operational rules.
5. Taxes & Payment
- Taxes: Check current South Dakota Department of Revenue and dispensary guidance for applicable sales taxes.
- Payment: Payment options vary by dispensary because cannabis businesses may have limited banking access.
6. Consumption Rules
- Permitted Locations: Medical use remains subject to state law and private-property rules.
- Prohibited Locations: Public places, workplaces, schools, vehicles, and federal property may prohibit use or possession.
- Vehicles: Driving while impaired is illegal.
- Federal Property: State medical authorization does not apply on federal land.
7. Home Cultivation
- Allowed: Only for cardholders whose registry identification card expressly authorizes cultivation.
- Plant Count Limits: Follow the plant allowance printed or recorded with the active card and current Department rules.
- Security: Plants must comply with enclosed, locked, and visibility requirements.
8. Penalties
- Unregistered Possession: Nonmedical possession remains illegal under South Dakota law.
- Over-Limit Possession: Amounts above the 3 oz equivalent are outside cardholder protections.
- Diversion: Selling or transferring medical cannabis outside the regulated program is prohibited.
- DUI: Driving while impaired remains illegal.
9. Sources
- South Dakota Department of Health — Medical Cannabis Program (Accessed: 2026-08-28)
- South Dakota Administrative Rule 44:90:02:16 (Accessed: 2026-08-28)