Is weed legal in South Dakota?
Cannabis Laws in South Dakota
In South Dakota, recreational cannabis is Misdemeanor and medical cannabis is Legal to possess up to 3 oz (85 g).
Misdemeanor
Legal to possess up to 3 oz (85 g)
Possession of 2 oz or less a Class 1 misdemeanor punishable by a maximum of 1 year in prison and a maximum fine $2,000. February 8, 2021: Recreational legalization referendum (Amendment A) overturned by circuit court judge as unconstitutional.
Glossary
Possession
In the context of cannabis laws, "possession" refers to having physical control over cannabis products. Laws often specify the amount one can possess, commonly in terms of weight (e.g., ounces, grams). Penalties for possession can range from fines to imprisonment, depending on jurisdiction and the amount possessed.
Decriminalized
Decriminalization means that possession of a small amount of cannabis for personal use is not a criminal offense, but may still be subject to a fine or other administrative penalties. It's a middle ground between full legalization and criminalization. Decriminalization aims to reduce the social and economic costs of enforcing cannabis prohibition, such as arrests and imprisonment.
Frequently Asked Questions
Is weed legal in South Dakota?▾
Recreational: Misdemeanor. Medical: Legal to possess up to 3 oz (85 g).
What are the cannabis laws in South Dakota?▾
In South Dakota, recreational cannabis is Misdemeanor and medical cannabis is Legal to possess up to 3 oz (85 g).
Is medical marijuana legal in South Dakota?▾
Legal to possess up to 3 oz (85 g)
Is recreational weed legal in South Dakota?▾
Misdemeanor
Is CBD legal in South Dakota?▾
CBD derived from hemp (containing less than 0.3% THC) is legal federally and in South Dakota under the 2018 Farm Bill. Always verify THC content when purchasing CBD products.
Can tourists buy cannabis in South Dakota?▾
Only medical patients with valid state-issued cards
What is the possession limit in South Dakota?▾
The possession limit in South Dakota is Not specified for recreational use and 3 oz for medical use.
Are dispensaries legal in South Dakota?▾
Yes, but only medical dispensaries serving registered patients are available in South Dakota.
Can I travel with cannabis within South Dakota?▾
Traveling with cannabis within South Dakota is only permitted if you're in a legal jurisdiction and following possession limits. Driving under the influence is illegal. Cannabis remains illegal under federal law, so avoid airports and federal property.
When were cannabis laws last changed in South Dakota?▾
Cannabis laws in South Dakota were last updated around 2021. Possession of 2 oz or less a Class 1 misdemeanor punishable by a maximum of 1 year in prison and a m...
Is cannabis legal in nearby locations?
Last updated: 2026