South Dakota Marijuana Laws (2026)
Is marijuana legal in South Dakota? Complete guide to South Dakota cannabis laws including possession limits, penalties, medical program details, and what happens if you're charged.
South Dakota Marijuana Status at a Glance
Is Marijuana Legal in South Dakota?
Marijuana in South Dakota is currently: Medical only
South Dakota has medical marijuana after 2020 voter approval
South Dakota Marijuana Possession Penalties
| Amount | Penalty |
|---|---|
| Small Amount | Class 1 misdemeanor: up to 1 year, $2,000 fine (2 oz or less) |
| Large Amount | Felony for larger amounts |
South Dakota Medical Marijuana Program
South Dakota has an active medical marijuana program. Qualifying patients with a valid medical marijuana card are permitted to possess and use cannabis for approved medical conditions. Possession limits and qualifying conditions vary — check with the South Dakota Department of Health for current program details.
Recreational Marijuana in South Dakota
Recreational marijuana is not legal in South Dakota. Possession of marijuana for non-medical purposes may result in criminal charges ranging from a civil infraction to a felony depending on the amount involved and your prior record.
Marijuana DUI in South Dakota
Even in states where marijuana is legal, driving under the influence of cannabis is a criminal offense in South Dakota. Law enforcement can charge you with DUI/DWI if you are impaired while driving, regardless of whether marijuana is legal in the state. There is no universally agreed-upon THC blood level equivalent to alcohol's 0.08% BAC — impairment is assessed by officers and drug recognition experts.