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South Dakota

Regulatory Framework

The South Dakota Department of Health (DOH) oversees the South Dakota Medical Cannabis Program [1]. In the November 2024 general election South Dakota voters chose not to approve Initiated Measure 29 to legalize cannabis [9].

Legal Status

Market Status
Adult-Use Illegal, part of Initiated Measure 26 (2020) ruled unconstitutional by state Supreme Court [3]
Medical Legalized by Initiated Measure 26 as South Dakota Codified Laws Chapter 34-20G [4]
Homegrow Legal for medical patients with limitations, Initiated Measure 29 (2024) proposes expanded home grow rights for adults [2]

Track-and-Trace

Metrc is the contracted track-and-trace system for the South Dakota Medical Cannabis Program [5].

Licensing

The state program issues licenses for cannabis dispensaries, manufacturing, cultivation, and testing facilities [6].

Possession Limits

Item Possession Limit
Medical Patient Up to 3 ounces of cannabis [7]
Adult-Use (proposed by Initiated Measure 29) 2 ounces of cannabis [2]

Medical Cannabis

Patients and caregivers can register for the medical cannabis program if they meet qualifying conditions and complete the DOH application forms, and pay associated fees [8]. Qualifying conditions include [7]:

  • Cachexia or wasting syndrome
  • Severe, debilitating pain
  • Severe nausea, except nausea associated with pregnancy
  • Seizures
  • Severe and persistent muscle spasms
  • Acquired immune deficiency syndrome or positive status for human immunodeficiency virus
  • Amyotrophic lateral sclerosis
  • Multiple sclerosis
  • Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting
  • Crohn's disease
  • Epilepsy and seizures
  • Post-traumatic stress disorder  

Additional Resources

References