Cannabis in South Dakota
On November 3, 2020, South Dakota made history when it became the first state to legalize medical and recreational cannabis at the same time through a ballot vote. However, on February 8, 2021, a Circuit Court judge ruled on a lawsuit against the adult-use vote finding that the initiative, Amendment A, did not adhere to the South Dakota Constitution. The ruling was appealed to the South Dakota Supreme Court, but a final decision has not been made yet.
Until the regulatory framework for the state’s medical cannabis program launches and recreational cannabis lawsuit is done, the only way a South Dakota resident can get access to any type of cannabis product is if it’s a CBD oil approved by the Food and Drug Administration (FDA). In 2018, the FDA approved Epidiolex, a pharmaceutical extract, for three conditions: Lennox-Gastaut Syndrome, Dravet Syndrome, and types of epilepsy. That means South Dakota patients only have access to Epidiolex under current laws.
Overview of Key South Dakota Cannabis Laws
Is medical cannabis allowed? Yes, but the state’s medical-marijuana program has not launched yet.
Is adult-use cannabis allowed? To be determined by the South Dakota Supreme Court.
Personal Laws
Until the state’s medical cannabis program launches and the Supreme Court makes a decision on adult-use, cannabis has not been decriminalized in South Dakota. Possession of 2 oz. or less is a misdemeanor penalized with a maximum fine of $2,000 and up to 1 year in jail. Possession of more than one ounce is a felony.
Personal Possession
Overall Possession: To be determined
Medical Patient Possession: To be determined
Personal Growing
Personal growing is currently not allowed in South Dakota.
Registered Medical Patient Growing: N/A
Medical Cannabis Patient Qualification and Registry
New rules are still being determined. Currently, patients with qualifying conditions who receive a recommendation from a licensed doctor for the FDA-approved Epidiolex drug may obtain it.
Qualifying medical conditions include:
- Dravet Syndrome
- Lennox-Gastaut Syndrome
- Types of epilepsy
Business Laws
To be determined.
License Types
To be determined.
License Fees
To be determined.
License Timeline
To be determined.
Testing
To be determined.
Training
To be determined.
Learn More about Cannabis in South Dakota and How to Work or Start a Business in the Cannabis Industry
Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry across the country. Follow the link to learn more about our educational seminars.
Sources and More Information
Data current as of 7/23/21.