South Dakota

Is weed legal in South Dakota?

Almost. Cannabis will be legal for both medicinal and recreational use in the Mount Rushmore state when new legislation takes effect on July 1, 2021.

Starting July 1, 2021, adults 21 and older will be able to possess 1 ounce of cannabis with no more than 8 grams of that being concentrate. They will also be able to grow three plants and possess the harvest if there are no retailers in their area. Registered patients will be able to possess up to 3 ounces of cannabis and six plants.

Law and regulations in South Dakota

The November 2020 election made South Dakota the first state in the nation to legalize medical marijuana and adult-use cannabis in the same year. 

Constitutional Amendment A, the Marijuana Legalization Initiative legalized recreational cannabis in South Dakota for adults 21 and over. It also required the South Dakota State Legislature to pass laws providing for the sale of hemp and setting up a medical marijuana program by April 1, 2022. Under the initiative, marijuana sales are taxed at a rate of 15%, with a portion allocated to funding state public schools. 

South Dakota voters also passed Initiated Measure 26, which legalized the medical use of marijuana as well as the sale, delivery, manufacturing, and cultivation of cannabis for people with debilitating conditions. The legislation takes effect July 21, 2021.

Frequently asked questions

What is a Class 5 felony in South Dakota?

In terms of cannabis, possessing between half a pound to less than a pound is a Class 5 felony. It's punishable by up to five years in prison and a $10,000 fine. 

Is South Dakota a legal state?

Almost. Cannabis will be legal for both medicinal and recreational use in the Mount Rushmore state when new legislation takes effect on July 1, 2021.

Is South Dakota a no-tolerance state?

There's no set definition for the term “no tolerance.” But there are very clear consequences for drug-related crimes in South Dakota. For example, South Dakota law states that operating or attempting to operate any vehicle while under the influence of marijuana is a Class 1 misdemeanor. In addition to having their driving license revoked for 30 days to one year, a person convicted of a Class 1 misdemeanor for the first time could be imprisoned for up to one year and fined up to $2,000. The court could also order the driver to pay restitution for any damages they caused. 

Though South Dakota voted in November 2020 to legalize marijuana, driving under the influence penalties remain the same. 

This page was last updated on November 6, 2020.

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The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on February 1, 2021.