Cannabis law in South Dakota (2026)
Last reviewed: 9 October 2026
In short: Possessing two ounces or less of marijuana is a Class 1 misdemeanour in South Dakota, with felonies for larger amounts. Adult-use sales and general home growing are not permitted. A medical cannabis programme exists and protects non-resident cardholders.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Criminal offence [1] |
| Quantity limitsPersonal use by an adult | No quantity is lawful for adults without a medical card. Possession of two ounces or less of marijuana is a Class 1 misdemeanour; more than two ounces but under one-half pound is a Class 6 felony; larger amounts are higher felonies. A civil penalty of up to $10,000 may be added on conviction. [1] |
| Growing at homePersonal use by an adult | ⚠ Not yet verified |
| Sale to consumersPersonal use by an adult | Prohibited [2] |
| Medical cannabisPersonal use by an adult | Legal for medical use [3] |
| VisitorsPersonal use by an adult | Foreigners expressly covered [4] |
| Driving after cannabis usePersonal use by an adult | No one may drive or be in actual physical control of a vehicle while under the influence of marijuana. There is no fixed THC limit in this section; the 0.08 figure applies to alcohol. [5] |
Notes
- A first offence is a Class 1 misdemeanour. Registered medical cannabis cardholders may possess the allowable amount (three ounces plus products under the department rules).
- A cardholder whose registry card allows cultivation may grow: two flowering and two non-flowering plants, in an enclosed, locked facility.
- Only registered medical cannabis dispensaries and other establishments under chapter 34-20G are authorised to sell, to cardholders.
- A non-resident holding an out-of-state medical card is not subject to arrest or penalty for transporting, purchasing, possessing or using medical cannabis within three ounces. Nothing read extends adult-use rights to visitors.
Sources
- South Dakota Legislature: Codified Law 22-42-6 - Possession of marijuana prohibited--Degrees according to amount (consulted 9 October 2026) · all sources
- South Dakota Legislature: Codified Law 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana (consulted 9 October 2026) · all sources
- South Dakota Legislature: Codified Law 34-20G-2 - Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct (consulted 9 October 2026) · all sources
- South Dakota Legislature: Codified Law 34-20G-3 - Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct (consulted 9 October 2026) · all sources
- South Dakota Legislature: SDCL 32-23-1 Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant (consulted 10 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Possession for personal use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
South Dakota and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| South Dakota | Criminal offence (misdemeanour up to 2 oz) | ⚠ Not yet verified | Prohibited (medical dispensaries only) | — | Registered cardholders | Non-resident medical cardholders protected |
| Iowa | Criminal offence | No | No | — | Restricted medical programme | — |
| Minnesota | Legal for adults 21+, within limits | Yes: 8 plants, max 4 mature | Licensed sellers only | Private property or licensed venues | Medical registry programme | Source silent on visitors |
| Montana | Legal for adults 21+, within limits | Yes: 2 mature plants, 2 seedlings | Licensed dispensaries | Banned in public places | Medical programme (registered cardholders) | Visitors may buy; only residents grow |
| North Dakota | Infraction under 1/2 oz (fine only) | Prohibited | Prohibited (medical centres only) | — | Registered patients, licensed centres | Out-of-state card holders (medical) |
| Nebraska | 1 oz or less: infraction, $300 fine (first time) | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | Legal for qualified patients; programme not yet running | ⚠ Not yet verified |
| Wyoming | Criminal offence (misdemeanour) | Prohibited (misdemeanour) | Supply is an offence | — | No medical programme | — |
More rules in South Dakota
- Car speed limitsBuilt-up areas: 25 mph unposted · Outside built-up areas (single carriageway): 65 mph; 55 mph township roads
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (operator's licence) · Earliest age to drive a car supervised: 14 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class III: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes
- Knives and pepper sprayFolding pocket knives: Only concealment with felony intent
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $11.85 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (calls allowed) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Only passengers aged 5 to 17
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21+ (purchase, possess, consume) · Minimum age to buy spirits: 21+ (purchase, possess, consume)
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.