South Dakota Cannabis Laws 2026: Medical Is Legal, Recreational Isn't
South Dakota voters approved medical cannabis in 2020, but recreational legalization has been struck down or voted down three times. Here's where things stand.
MomPuffs Team
TL;DR
Registered medical patients can possess up to 3 ounces and may be allowed to grow a few plants. For everyone else, 2 ounces or less is a misdemeanor with up to 1 year in jail, and South Dakota also makes it a crime to have cannabis in your system. Voters rejected recreational measures in 2022 and 2024.
In 2020, South Dakota voters approved both medical cannabis (Initiated Measure 26, with 70% of the vote) and recreational cannabis (Amendment A). The courts struck down Amendment A, but the medical program went ahead and started in July 2021. Voters then rejected recreational measures in 2022 and 2024. The Department of Health runs the medical program.
Is weed legal in South Dakota?
Only for registered medical patients. Everyone else can still be charged.
Penalties without a medical card
- 2 ounces or less: a misdemeanor, with up to 1 year in jail and a $2,000 fine
- More than 2 ounces: a felony
- Having cannabis in your system ("ingestion"): also a misdemeanor in South Dakota, one of the only states with this law
Medical cannabis in South Dakota
Patients need certification from a practitioner for a qualifying condition, then register with the Department of Health. South Dakota also accepts medical cards from other states.
| Limit | Medical patients |
|---|---|
| Possession | Up to 3 ounces of cannabis |
| Home grow | Patients with a cultivation endorsement can grow a small number of plants (2 flowering and 2 non-flowering under current law) |
Patients can't use cannabis in public or in a car.
Driving and work
Driving while impaired is illegal, including for patients. Employers can keep drug-free workplace policies.
Is anything changing in 2026?
There's no cannabis measure on the November 2026 ballot. Voters will decide Amendment L, which would require 60% of the vote to pass future constitutional amendments, which would make it harder to legalize cannabis through a constitutional amendment.
Federal law in 2026
Federal law still treats recreational cannabis as illegal. In April 2026, the federal government moved marijuana sold under a state medical license (and FDA-approved cannabis medicines) to Schedule III, but adult-use cannabis is still Schedule I. That means it's still banned on federal land and can't legally cross state lines, even between two legal states.
Separately, a federal ban on intoxicating hemp products takes effect in two steps: synthetic and converted cannabinoids like delta-8 lose their legal status on November 12, 2026, and naturally derived hemp THC (THCA flower, hemp delta-9 edibles and drinks) on December 11, 2026.
Where to shop
Only registered patients can buy at South Dakota's medical dispensaries. Browse dispensaries in South Dakota in our directory, including Rapid City and Sioux Falls.
Last reviewed October 8, 2026. This guide is general information, not legal advice. Laws change, so check the official sources below before you rely on any detail.
FAQ
Is weed legal in South Dakota?
Only for registered medical patients. For everyone else, possessing 2 ounces or less is a misdemeanor with up to 1 year in jail and a $2,000 fine.
How much medical marijuana can you have in South Dakota?
Registered patients can possess up to 3 ounces of cannabis. Patients with a cultivation endorsement can also grow a small number of plants.
Is it illegal to have weed in your system in South Dakota?
Yes. South Dakota makes ingesting cannabis a misdemeanor, so having it in your system can lead to a charge for people without a medical card.